NANKA CHIMLIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal was taken up for its final hearing on 30-9-1988. On going through the record, it was found, that it is connected with other criminal appeals arising out of the same judgment. They were sent for and heard together. All these appeals are, therefore, decided by a common order. The points raised are common to all these appeals. The appellants have been convicted Under Section 366 read with 511, Indian Penal Code and sentenced to undergo R. I. for five years. The appellant Ida, has also been found to be guilty Under Section 354, Indian Penal Code and sentenced to undergo one year's R. I. appellant Nanka has also been convicted Under Section 323, Indian Penal Code and sentenced to six months' R. I. for causing hurt to Alma.

(2.) PROSECUTION case as disclosed by the F. I. R. Ex. P. 1 was that on the date of incident i. e. 30-10-1982, Alma, aged 18 years had gone to work in the field of one Bhalu Bheel. Around 12. 00 in the noon the date of incident while she was harvesting paddy alon gwith Thavli, Subsingh and Shaila, the accused came there. Ida caught hold of her by her hand and dragged her. The other accused exhorted him by saying 'dharle' (catch hold of her ). Alma shouted for help; she was beaten by appellant Nanka; who thrust an arrow in her wrist while he raised cries. Hearing her cries, her father who was grazing cattle in a hearby field, came there, along with Bhootsingh and Subsingh. It is alleged that Nanka shot an arrow hitting Nathu Alma's father in his left elbow. Others pelted stones injuring Subsingh. The accused thereafter ran away. F. I. R. Ex. P. 1 was lodged at Police Station, Ambua the same day around 11. 00 p. m. A case Under Section 354, 324/34, Indian Penal Code was registered against the accused. Nanka, was arrested on 31-10-1982 vide arrest Memo Ex. P. 7 while others were arrested on the same day vide Arrest Memo Ex. P. 9.

(3.) ALL the accused were charged with and tried for offences punishable Under Sections 366 read with 511, Indian Penal Code. Accused Ida was also charged Under Section 354, Indian Penal Code for attempting to outrage the modesty of Alma. Nanka was charged Under Sections 323 and 324, Indian Penal Code for voluntarily causing hurt to Alma and her father, Nathu. The trial Court convicted and sentenced the Appellants, as stated above; hence this appeal.