PARAS RAM Vs. STATE

JUDGEMENT

(1.) There are three appellants in this case -- Paras Ram, Sukkhi and Bashir. They, along with two other persons:, namely Gokul and Ghani, stood their trial before the learned Additional Sessions .Judge of Moradabad for offences, punishable under Sections 143, 363 and 368 I. P. C. One other accused, Man Singh, was absconding, The learned trial Judge acquitted Gokul and Ghani but he convicted the three appellants under Section 366 of the Code. He sentenced Paras Ram appellant to four years' Rule I. and Sukkhi and Bashir to three years, R. I. each.

(2.) Paras Ram is a resident of village Guretha, Police station Moghalpnra, district Moradabad. He had a son, Nanak. Srimati Mohandei, aged between seventeen and eighteen years, is the daughter of Ram Sarup deceased and Reotidei, residents of village Majhola, Police Station Kotwali, Morada-bad. Mohandei was married to Nanak. Both Nanak, the husband of Mohandei, and Ram Sarup, her father are dead.

(3.) The prosecution case was that Nanak had been ailing for some time and he, ultimately died on 21-4-1957. Reolidei suspected that Paras Ram would sell Mohandei either during Nanak's illness or after his death. She therefore, brought her daughter to her own house about two months prior to the date of occurrence. Reotidei's husband, Ram Sarup, was very seriously ill with tuberculosis. Deotidci sent Mohandei to the lattcr's phuphi, one Ramdei. On 25-4-1957 the condition of Ram Sarup became very serious and Ramdei and Mohandei were, therefore, sent for by Reotidei. They arrived at Ram Sarun's house at 11 a. m. By about 4 p. m. Ram Sarup began to breathe his last and he was laid on the ground. He died shortly thereafter. The prosecution allegation further is that the present appellants, along with Man Singh Ghani and Gokul, turned up at the house of Ram Sarup. On seeing them Mohandei tried to conceal herself in the quarters o one Hulasi. Man Singh dragged her out of the quarters and all the six acccused persons took her forcibly away in a tonga. Two rickshaws are also said to have been employed to convey the accused persons. Reotidei lodged a report at Police Station Kotwali, at a distance o one mile, on 25-4-1957 at 5 P. M.