HIRA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Hira, Kalu and Modu against a judgment of the Sessions Judge, Bundi dated 12th November, 1949 by which he has convicted them of an offence under section 366, Penal Code, and sentenced them each to undergo 9 months' rigorous imprisonment.

(2.) THE facts of the case, as alleged by the prosecution, are that Hardeva of Urasi, the husband of Mst. Dhanni aged 20 years, died about 10 years before the date of occurrence. Since then she had been living with her brother Ramchandra in Balopura. Mst. Dhanni went to pay a condolence visit to a relative of hers to Padampura from where while she was returning to her village on 13th September, 1948 with three other women she was waylaid and forcibly taken away by the three appellants and Jagannath, who was the elder brother of Dhanni's husband and Chandra with the intention of compelling her to marry Chandra against her will. It was further alleged that she was at first taken to the house of Hira from where Chandra took her to his house and had sexual intercourse with her. It was also stated that Mst. Dhanni somehow managed to escape from the house of Chandra. A first information report was lodged by Ramchandra, the brother of Dhanni, on 7th September, 1948 at noon at Thana Deh upon which a case was registered and investigation started. THE three appellants along with Chandra and Jagannath were challaned under section 366, Penal Code, before the First Class Magistrate Nenua who after holding a preliminary inquiry committed them to the Sessions Judge, Bundi, to take their trial for the said offence. During the course of the trial Jagannath died and Chandra also expired as a result of certain injuries which he received in a fight which took place in respect of some land. THE appellants pleaded not guilty and they stated that on the day of occurrence while they were returning from Bansi they met Chandra and Jagannath on the way who offered them a smoke and consequently they stopped there for sometime and Mst. Dhanni, Mst. Keli and Gendi also arrived there and began to talk with Jagannath and Chandra whereupon they left the place. THE Sessions Judge held that the appellants were guilty of a technical offence under section 366, Penal Code and sentenced them as stated above.