SHYAM SINGH HADA Vs. STATE

JUDGEMENT

(1.) These two criminal appeals have been preferred by Shyam Singh Hada (No. 668/99) and Hariom alias Pappu (No. 749/99) against a judgment dated 11-10-1999 passed by Additional Sessions Judge No. 2, Bundi in Sess. Case No. 6/98 convicting and sentencing each of the appellants for offences as under :- Under S.376(2)(g), IPC Life Imprisonment with a fine of Rs. 5,000 (in default, 1 years) further imprisonment) Under S.302, IPC - do -

(2.) The story launching prosecution against the appellant is narrated in brief thus :- Nandlal (PW-1) lodged a report (Ex. P1) on 18-9-1996 alleging therein that his wife, Chanda (deceased) was working as peon in Surya Niketan School where she was called by Shyamsingh Hada (appellant) (owner of the School) on Sunday 8-9-1996 for preparation of meals for his guests and therefore, she went to the school at about 12 noon but she did not return back till night then at about 8 p.m. he sent his son Purshottam and Sobhag to call back Chanda but upon their return they gave out that Shyamsingh slapped Purshottam and scolded to go back, so he also sent his elder son Dinesh who came back saying that the school was locked and whereafter at about 10 O'clock in the night Shyamsingh and his companions left Chanda outside his house and at that time her conditions was worst; her clothes were torn, her cheeks and face besides both the elbows were having signs of abrasions and injuries of nails scratching, her upper lip was duly cut with bleeding and when he asked her then she felt ashamed to give out but then she fell down and when he asked her to accompany for the hospital, she refused being night hours. Next day in the morning when again he asked Chanda to say as to what happened on Sunday, then she narrated about rape having been committed upon her by Shyamsingh, Purshottam Paanwala, and Pappu Lightwala in a brutal manner and further gave threats of dire consequences to kill him and her family members if disclosed as to the rape and therefore, they got frightened and went in a jeep to her brothers house in Lakheri along with Kanwarlal and Dinesh besides Laxmi, Rupa, Geeta, Satyanarain. In Lakheri at the house of his brother-in-law (Kailash), the condition of Chanda had deteriorated because of her being frightened like a mad woman and ultimately she died in the night of Wednesday (11-9-1996) and he could not lodge report due to threats and cremated her body in Lakheri whereafter he had to go to Haridwar to perform last rituals. It has also been alleged in the report that his wife was brutally raped by aforenamed persons with several beating resulting into her death. Upon this report, FIR No. 349/96 was chalked out registering crime at PS Kotwali Bundi for offences punishable under Sections 302 and 376 read with S. 34, IPC against the appellants and one Purshottam Panwala. After usual investigation, challan was filled and upon committal , the case was tried by the learned Additional Sessions Judge Bundi who in turn charged the appellants of the offences punishable under Sections 376(2)(g), and 302, IPC, to which they denied and claimed trial. The prosecution examined as many as 33 witnesses in support of its case and got 33 documents exhibited. The appellants were examined under Section 313, Cr. P.C. and in defence they produced Dr. O.P. Sharma (DW 1) besides getting 7 documents exhibited. After hearing the parties , the learned trial Court convicted and sentenced each of the appellants as indicated above. Hence this appeal.

(3.) We have heard the learned counsel for the parties and perused the relevant record with reference to the consideration of rival contentions.