VIRMA & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. On the basis of a report lodged by one Champa Lal on 28-12-1981 at police station Bhalta it was alleged that on hearing some noise in the house of one Sunder Bai who is widow and mother of five childrens and 40 years of age, he went there and saw that accused Rama and Bihari Rao Village - Semli, who are the sons of real brother of Sunder Bai, along with four of five persons were standing in the house armed with lathies and gandasies.

(2.) It has been further alleged that the accused Rama S/o Kishna gave two blows by lathi on the person of Sunder Bai and the accused persons forced Smt. Sunder Bai to accompany them in order to get her marriage with some person but she refused to accompany the accused persons at the scene of incident forcefully look her out side the house and they talk her on the road of Behdi. After receiving the said report, police registered a case against the accused persons for the offence under Sec. 458 and 366 Penal Code and after completing the investigation filed a charge sheet against the accused persons.

(3.) The learned trial Court framed charges against the accused persons for the offence under Sec. 458 and 366 Penal Code but they denied the charges and claimed to be tried.