RAJ KISHORE TEWARI Vs. REX

JUDGEMENT

(1.) Ram Sewak Gosain, resident of Village Kasaura, P. 8. Sahatwar, district Ballia, Kishore Panday and Rameshwar Pandey, who live in village Amdore, P. S. Bansdih, in the same district, and Raj Kishore Tewari and Suba Tewari of Village Sakutwa, P. S. Tarkulwa, district Deoria, were prosecuted under Section 866, Penal Code. Bam Sewak and Kishore Pandey were pro. sectioned under Section 420, Penal Code, also. The Sessions Judge of Ballia, who tried the case, found Suba and Rameshwar not guilty and acquitted them. He found other accused persons guilty and convicted Earn Sewak, Kishore Pandey and Raj Kishore Tewari under Section 866, Penal Code, and sentenced Raj Kishore to undergo rigorous imprisonment for five years and to pay a fine of Es. 250 and Earn Sewak and Kishore Pandey to undergo rigorous imprisonment for three years and to pay a fine of Rs. 100 each. He also convicted Earn Sewak and Kishore Pandey under Section 420, Penal Code and sentenced each of them to undergo rigorous B imprisonment for three years and to pay a fine of Rs. 500. He ordered the sentences of imprisonment to run concurrently; and in default of payment of fine the defaulters were to undergo further rigorous imprisonment for three months each.

(2.) The case for the prosecution was that Bhola Upadhya wanted a bride for his younger brother, Bhakola. He asked Earn Sewak and Kishore Panday appellants to arrange for a bride. They promised to do so if he paid them Bs. 1000. On 28rd January 1946, Bam Sewak and Kishore Pan-day came and told him that they had arranged for a girl and he should pay the money, which was paid at once. They promised to bring the girl in ten or twelve days' time. On or about 25tb January 1946, the appellant Raj Kishore Tewari abducted Shrimati Gujri from the house of her father, Vindhyachal, in village Sareni, P. S. Tarkulwa, and took her to his house in village Sakutwa on the pretext that he would take her for a bath in the river Ganges at Ballia. On or about 28th January 1946, Raj Kishore Tewari, Suba Tewati and his mother, Rameshwar Pandey and Earn Sewak abducted Gujri from Sakutwa and took her from place to place and ultimately to Amdore, where she was kept at the house of Rameshwar and Kishore Pandey. Raj Kishore Tewari and Suba Tewari and his mother left the place without informing Gujri. On 2nd February 1946, Bam Sewak and Eameshwar abducted her from Amdore and took her to the house of Bhola in Chit Basawan P. S. Sahatwar. When the girl was taken inside the house of Bhola, she told the women present that she was the married wife "of Raj Bali of Dhanauji, district Gorakhpur, and that Raj Kishore Tewari had brought her from her father's house on the pretext of taking her for a bath in the Ganges at Ballia. Bhola then reported the matter at P. S. Sahatwar on 3rd February 1946, and the appellants were prosecuted as stated above.

(3.) The appellants denied the prosecution story, and alleged that they had been falsely implicated owing to enmity. Bam Sewak further alleged that he had gone to Chit Basawan to demand money from Nagina Mukhia; and that there was an exchange of abuses between him and the Mukhia, who took him to P. S. Sahatwar, where he was taken into custody. He admitted the presence of Bhola and Gujri while he was at the police station. Kishore Pandey alleged enmity With the police. Raj Kishore Tewari's case was that there was dispute between him and Tirath Raj who had illicit connection with Gujri, and the girl was abducted by Tirath Raj and Bhola, who had got him falsely implicated.