DEEPAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 28.2.1998 passed by the 2 nd Additional Sessions Judge, Mudwara in S.T. No.715/93, whereby the appellants were convicted for the offences punishable under Sections 452 & 366 of IPC and sentenced for two years' R.I. with fine of Rs.1,000/- for each count. In default of payment of fine, two months' R.I. was directed for each count.

(2.) THE prosecution's case in short is that, the prosecutrix (PW-1) was initially married with one Ramsanjivan. After the death of the deceased Ramsanjivan, she was residing with one Radhika at village Mahgaon but that Radhika chopped the nose of the prosecutrix and therefore, she left Radhika and thereafter, she was residing at village Kantee, Tahsil Katni with one Natthulal Rathore (PW-3) as a wife. On 16.3.1995 at about 8:30 p.m. in the night, the appellants alongwith Radhika went to the house of Natthulal (PW-3), after breaking the door they entered in the house. THEy were armed with various weapons. THEy assaulted Natthulal by sticks and shoes. Similarly, they assaulted the prosecutrix by stick also and thereafter, they took the prosecutrix to the house of Radhika at village Mahgaon. Natthulal ran away from the spot and thereafter, he lodged an FIR Ex.P/3 on 18.3.1995 at Police Station Badwara, Tahsil Katni. THE police recovered the prosecutrix from village Mahgaon. THE prosecutrix and Natthulal were sent for their medico legal examination. Dr. R.K. Jhariya (PW-2) examined Natthulal and the prosecutrix and gave his report Exs.P/1 & P/2 respectively. He found three injuries to the victim Natthulal and two injuries to the prosecutrix. After due investigation, a charge sheet was filed before the J.M.F.C. Katni, who committed the case to the Sessions Court, Jabalpur and ultimately, it was transferred to the 2nd Additional Sessions Judge Mudwara, Tahsil Katni.

(3.) I have heard the learned counsel for the parties.