GHANSHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgement shall also govern disposal of Criminal Revision No. 24 of 1986 (Prabhawati v. Ghanshyam) presented by complainant Prabhawati for enhancement of sentence.

(2.) The Convict-appellant challenges his conviction under Sections 354, 380 and 506(B), I.P.C. and sentences of one year, one year R.I. and fine of Rs. 100/- in default one month further R.I. and six months R.I. respectively for the same awarded by Shri S.M. Nawlakha, Additional Judge to the Court of Sessions Judge Mandsaur at Garoth, by his judgement dated 13-8-1985.

(3.) The challan was put up against the appellant by S.H.O. Gandhi Sagar, District Mandsaur, for offences under Sections 459, 376 read with Sections 511 and 380, I.P.C. The case of the prosecution is that in the night intervening 20th-21st June, 1984 at midnight at village Navli, Prabhawati w/o. Jagannath (P.W. 1) was sleeping alone in her house. Her husband had gone away to Kota and his elder brother's son Rajesh (P.W. 3) was sleeping near her. The appellant with some evil motive entered her house, caught hold of her breast and on her being awakened and crying pressed her throat and beat her; Rajesh (P.W-3) being awakened, the appellant threatened him to death with the knife carried by him. Prabhawati's cries attracted the neighbours Gangabai (P.W. 2), her husband's elder brother Ramgopal (P.W. 5) to the scene. The appellant was seen by these witnesses running away from the place. While running away from the house the appellant left his knife and towel but took away torch belonging to Prabhawati.