JUJHAR SING Vs. STATE OF M P

JUDGEMENT

(1.) This is the appeal of the accused Jujhar Singh, who on his conviction under section 324 of the I.P.C., has been sentenced to rigorous imprisonment for two years and six months and also to pay the fine of Rs. 1,000/- and in default of fine, to further term of six months rigorous imprisonment.

(2.) The prosecution story briefly narrated is as under: Prosecutrix P.W. 1 Liladevi, a young married woman aged about 23 years, at about mid- noon on 26.9.1981, with a basket over her head containing wheat-flour, pulses etc., was going to her field situate in Revna Kachhar Har for preparing mid day-meals for her husband and father-in- law. The appellant-accused Jujhar Singh suddenly came from behind while she was near the field of Laxmi Patwari. He aimed and threw his bal/am like weapon at the basket which consequently fell down on the ground. He then caught her hand and demanded to have sexual intercourse in a nearby field. Mst. Liladevi did not relent and stuck to her ground that she would continue to follow the path of virtue and would not submit to his lust for illegal sexual intercourse. It was then that the appellant-accused got wild with anger and threatened to kill her. Threat had no effect. He grappled with her, gave her shoe beating over her head and face region, twisted and pressed her neck, trampled her under foot after felling her down and then, with his ballam like weapon (Art. A), which had a arai-at the other end, inflicted inumerable wounds over various parts of her face above the neck-region. She lost her consciousness for a while and then regained the same. The appellantaccused meanwhile had fled away. She found P.W. 2 Bhura and then later his brother-in-law P.W. 3 Rampal near her. Both took her home in a bleeding condition. Mst. Liladevi narrated the incident at her house. Thereafter she accompanied with some male members of her family, lodged the report at about 4.00 p.m. at Police Station Goribar, which is three miles away. The police started their investigation. Site-plan was prepared. Liladevis blood stained clothes (blouse & sari) and so also the appellant-accuseds ballam (Art. A) were seized. Broken pieces of bangles and one arhar plant found at the place were also seized. On chemical examination, the prosecutrix clothes, the appellant-accuseds ballam and the leaves of arhar plant were found to be stained with blood. The appellant-accused was, hence, put up for trial under sections 307,354 and 376/511 of the I.P.C. The appellant-accused claimed to be falsely implicated. It was contended that he had been protesting to the male-folk of Mst. Liladevis family for not grazing their cattle and goats in his field and this circumstance had annoyed these men-folk, who, hence, had engineered a fictitious case against him. Two witnesses were also examined in defence.

(3.) The trial Court has acquitted the appellant accused of the offence under sections 376/511 and so also 354 of the I.P.C. by holding that attempt to commit rape was not proved and that the only proof in this regard was that the appellant-accused had assaulted Mst. Liladevi, to compel her for satiation of his lust (see para 44 and last part of para 42 of the trial Courts judgment). The trial Court, however, found that the appellant accused had voluntarily inflicted multiple simple injuries (more than 13 in number) as detailed in the injury report Ex. P-7 by means of a sharp edged weapon Art. A, which resembled like a ballam, with equally twin features of Kholia and arai. Accordingly, the appellant accused was convicted only of the offence punishable under section 324 I.P.C. and was sentenced-to the extent as stated at the outset. Hence, now, the appellant- accuseds present appeal.