RANCHHOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") is directed against the judgment dated 22/01/2002 passed by Ninth Additional Sessions, District-Indore, in Sessions Trial No.01/2000, whereby each of the appellants has been convicted for offence punishable under Sections 324 of IPC, 1860 and sentenced to undergo 2 years R.I, with a fine of Rs.1,000/- and usual default stipulation.

(2.) Prosecution story in short is that on 01/07/1999 at about 6.00 am when complainant-Gangabai was alone in her house at that time appellants Ranchhod, Rama, Mohan and Gangaram armed with latti, dariya, iron rod and gupti entered into her house, knocked her down and shut her mouth. When complainant tried to escape then appellants Gangaram assaulted her with gupti as a result she sustained injury on her leg. Other accused persons also started assaulting Gangabai with their weapons and caused injuries to her. Complainant's daughter who was present there witnessed the incident and her aunt-in-law (mousi saas) came there and rescued her. Gangabai narrated the incident to the watchman and Sarpanch of the village. Thereafter, she along with the watchman went to Police Station Deplapur and lodged a complaint. On the basis of which FIR bearing Crime No.649/99 was registered against the appellants for offence under Sections 324, 323, 294, 354, 506 of IPC, 1860. Injured Gangabai was sent for medical examination.

(3.) During investigation Police visited the spot, prepared spot map and recorded the statement of the witnesses. The appellants were arrested. Complainant in her statement has deposed that the appellants committed rape upon her therefore, offence under Section 147, 148, 149 and 376 of IPC has been added. The appellants were sent for medical treatment. After completion of investigation, charge-sheet was filed against the appellants for offence under Section 147, 148, 324/149, 354, 376(2)(g) and 506-II of IPC before the Court of Judicial Magistrate First Class, District Indore, who committed the case to the Sessions Court and ultimately it was transferred to the Court of Ninth Additional Sessions Judge, Indore.