JAWAHAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Appellants-Jawahar and Raj Kumar have filed this appeal being aggrieved by the judgment dated 2.6.2003 passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Patiala, vide which they were convicted under Section 366 IPC and sentenced to undergo rigorous imprisonment for 07 years and to pay a fine of Rs. 1,000/-. In default of payment of fine, to further undergo R.I. for six months.

(2.) The prosecution story in brief is that on 1.3.2002 Rajiv Kumar son of Bhagwant Dass R/o Guru Angad Dev Colony, Jandoli, met ASI Sukhdev Singh, Incharge P.P.Township Rajpura and made his statement (Ex.PA) wherein it was stated that he is resident of the above address and is working as a Rickshaw Puller and his wife Pinki Devi is residing with him. On 28.2.2002 at about 6:00 P.M. he along with his wife Pinki Devi, his brother's wife Meena Devi wife of Kishori Lal and Poonam Devi wife of Ladoo were coming back after paying obeisance at Peer Baba and at that time one Tata Sumo came near them from behind in which Saraswati wife of Upinder Mandal Yadav, Ram Chander Dass, Jawahar, Raju and Ram Chander and Lachhman who were residents of village Chamaru and Vijay who is residing in Jansui came out of the Tata Sumo and pushed them (complainant party) back. It was further stated that Ram Chander caught hold the arm of his wife Pinki Devi and stated that he will solemnize the marriage with Pinki.

(3.) Thereafter, all the accused lifted Pinki and put her in the Sumo and proceeded towards village Krazpur. The complainant along with other raised an alarm but all the accused sped away in the Tata Sumo. It was alleged that Ram Chander Dass in connivance with his companions had forcibly kidnapped Pinki Devi with an intent to solemnize marriage with her. He tried to find his wife but to no effect.