RAMJI LAL Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition filed by Ramji Lal, son of Khuba Ram, resident of village Dhani Mala Wali, district Seekar, Rajasthan, against the judgment, dated 16th February, 1971 of the Additional Sessions Judge, Gurgaon at Narnaul, dismissing his appeal against the judgment, dated 28th February, 1970 of Shri R. P. Bajaj, Judicial Magistrate First Class, Charkhi Dadri, by which he convicted him under Section 420, Indian Penal Code and sentenced him to rigorous imprisonment for six months and to pay Rs. 500 as fine and in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) THE facts of this case are that the wife of Jai Lal (P.W. 11) had died and his relatives wanted to remarry him. Chandan Singh (P.W. 1), who is the uncle of Jai Lal had a talk with Ram Parshad about his marriage. Ram Parshad introduced Ramji Lal, Moti Ram and Nand Ram, sons of Khuba to Chandan Singh (P.W. 1), Bakhtawar Singh (P.W. 3) and Satgurdas (P.W. 2). It is alleged that Ramji Lal agreed to marry his younger daughter aged 16 years to Jai Lal on payment of Rs. 6,000 and out of it Rs. 1,000 was demanded in advance which was to be returned in case the girl was not approved. This sum of Rs. 1,000 was paid to Ram Parshad, who gave the same to Ramji Lal Petitioner. About 15 days thereafter Bakhtawar Singh (P.W. 3) the brother of Jai Lal and Satgurdas (P.W. 2) went to village Todakee Dhani in Rajasthan and saw the daughter of Ramji Lal, who was of fair colour and they approved the girl. The marriage was fixed for Basant Panchmi. It is alleged that on 17th January, 1969, Ram Parshad, Moti Ram and Ramji Lal came to village Chiria with lagan and after the logon ceremony Chandan Singh paid Rs. 2,800 to Ram Parshad, who passed on the money to Ramji Lal in their presence and at that time other persons were also present there. The marriage was fixed for 22nd January, 1969. The marriage party went to the house of Ramji Lal in village Toda -kee -Dhani in Rajasthan and the remaining sum of Rs. 2,200 was paid by Chandan Singh in the house of Moti Ram to Ram Parshad, who further passed on the same to Ramji Lal. The marriage ceremony was performed at 9.30 p.m. and thereafter the marriage party returned to, the village. It is alleged that on return it was found that the girl given in marriage to Jai Lal was not the same that had been shown to Bakhtawar Singh and Satgurdas P.W. and that the girl which was given in marriage was Narbda, who was an old and sick woman. The complainants, therefore, felt cheated and they met Moti Ram and Ram Parshad accused but both of them declined to do any thing in the matter.

(3.) DR . Ram Gopal (P.W. 9), who was posted as Senior Medical Officer, Dadri, examined Mst. Narbda on 8th April, 1969, regarding her age. In his opinion she was above 22 years of age and Exhibit P.B./l is his report to that effect. He did not perform any ossification test for determining the age of the girl, who was alleged to have been married by Ramji Lal accused with Jai Lal. Chandan Singh (P.W. 1), who is the uncle of Jai Lal (P.W. 11) reiterated; on oath the aforesaid prosecution story including payment of Rs. 6,000 to Ramji Lal, Petitioner on three different occasions. Similar are the statements of Satgurdas (P.W. 2), Bakhtawar Singh (P.W. 3), the brother of Jai Lal, Sis Ram (P.W. 5) and Jai Lal (P.W. 11). Bhagwana barbar (P.W. 4), Pahla (P.W. 7), and Murari Lal (P.W. 8), who were members of the marriage party proved the factum of the marriage of Jai Lal with a girl at the house of Ramji Lal accused and the payment of Rs. 2,200 by Chandan Singh (P.W. 1) to Ram Parshad, who -paid the same to Moti Ram since acquitted. Morari Lal (P.W. 8) was alleged to have acted as a prohit at the time of the marriage. It was stated by these witnesses that when the marriage party returned to the house of the bridegroom, it was found on the next day that the girl sent with them was net the, girl who was promised to be married with Jai Lal and on their enquiry the girl told them that her name was Narbda and she was a resident of village Akohla as stated by Chandan Singh (P.W. 1). He deposed that Narbda had stayed at their house for about 15 days. Similar is the statement of Satgurdas (P.W. 2). Assistant Sub -Inspector Ram Parkash (P.W. 10) stated that the woman, Narbda was produced in the police station by Chandan Singh on 15th March, 1969. The marriage took place on 21st January, 1969 and according to Chandan Singh (P.W. 1) and Satgur Dass P.W. Narbada, remained at the houses of Jai Lal, for 15 days, that is till about 6th February, 1969. There is no proof on the file to show that where this Narbada remained from 7th February, 1969 to 15th March, 1969, when she was produced before the Police at the Police Station.