RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant four appeals have been filed by the accused/appellants against the judgment /order dated 7-4-1999 passed by Shri N. C. Nahata, the then Additional Sessions Judge (I), Jind in Sessions case No. 3 of 20-1-1998. By the impugned judgment the appellants have been convicted under Sections 364 and 368 read with section 365 IPC. Raj Pal, Raju and Chaman lal have also been convicted under Section 376 (2) (g) IPC. However, accused Ram Sarup, giani Ram and Hawa Singh have been acquitted. Vide separate order dated 8-4-1999, accused Raj Pal, Satta, Rajju, Phool Kumar, ashok Kumar @ Sapatter and Chaman Lal have been ordered to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000/- each for the offence under Section 364 IPC and in default of payment of fine, each accused has been ordered to suffer rigorous imprisonment for a period of six months. They have also been sentenced to undergo rigorous imprisonment for a period of five years for the offence punishable under Section 368 read with Section 365 IPC. Accused Raj Pal, Raju and Chaman Lal have also been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5000/- each for the offence punishable under Section 376 (2) (g) IPC. In default of payment of fine, each of them has been ordered to undergo rigorous imprisonment for a period of one year. All the sentences except the sentences awarded in lieu of fine have been ordered to run concurrently.

(2.) PROSECUTION version, as unfolded during trial, is as follows : pw Harphool complainant has six daughters and three sons. His eldest daughter murti was married with accused Ram Sarup. His another daughter Krishna was married with accused Phool Kumar. Rani, prosecutrix is also daughter of PW Harphool and she was married with accused Satta. Accused Satta started to harass the prosecutrix in connection with demand of dowry and, therefore, the prosecutrix filed a divorce petition at Hisar against accused Satta and the divorce petition was fixed for 6-10-1997 in the Court of District Judge, Hisar for hearing.

(3.) THE prosecution case further is that on 26-9-1997, P. W. Harphool, his wife Phool pati, PW Dhupa, Chandro and the prosecutrix were present near village Brahmanwas and were grazing goats and sheep. At about 4. 00 p. m. , a four wheeler came there from the side of Dorar Railway Crossing and the same stopped near Harphool and others. Accused Raj Pal, Raju, Satta, Chaman Lal, phool Kumar and Sapatter along with 8 to 10 other persons got down from the said four wheeler. The accused persons forcibly kidnapped the prosecutrix and pushed her in the four wheeler. Thereafter they lifted dhupa and pushed him also in the four wheeler. The accused persons thereafter ran away in the four wheeler with prosecutrix and Dhupa. The accused had also threatened Harphool and others that they would teach a lesson for instituting a divorce petition and that they would kill the prosecutrix. Harphool then went in Search of the prosecutrix and Dhupa and for that purpose he went to kaithal to the house of his daughters Murti and Krishna but his daughters told him that the accused had not reached there with the prosecutrix and dhupa. Accordingly, Harphool lodged his report with the police which was incorporated in FIR Exhibit PO at Police Station julana on the next day i. e. 27-9-1997.