SHIV SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment dated 27.09.2004 passed in S.T. No.178/1999 convicting and sentencing the appellants u/S.366 of IPC to five years R.I. with fine of Rs.200/- (rupees two hundred only) each with default stipulation.

(2.) It is pertinent to point out that the appellant No.3 Deena and Appellant No.6-Jagman died during pendency of this appeal, therefore, the appeal as regards Appellant No.3 and 6 stands abated and is dismissed as such. The appeal survives only against remaining appellants.

(3.) The prosecution story in brief is that the prosecutrix was earlier married to appellant Shiv Singh and due to certain matrimonial discord had started living away from matrimonial home with Atar Singh (PW-1) in live-in-relationship out of which a daughter was born on 03.03.1998. On 13.09.1998, co-accused Shiv Singh, Babu, Lakhpati, Mangi, Lajja, Deena, Jagman and Munshi sharing common intention came to Duliapura and entered the house of Atar Singh and forcibly tried to take the prosecutrix away with them. When one Kedar (PW-3) being neighbour came to the rescue of prosecutrix, he was inflicted lathi blow. The prosecutrix somehow fled and saved herself by taking shelter at the house of one Ramjilal. At this juncture, all the accused came to the spot and forcibly took the prosecutrix out of the house of Ramjilal and away with them.