LAXMINARAIN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Laxminarain who has been convicted by the learned Additional Sessions Judge, Baran under sec. 326 of the Indian Penal Code and sentenced to five years' rigorous imprisonment and a fine of Rs. 100/ -.

(2.) THE case for the prosecution is that the appellant who is a young lad of about 18 years was married to Mt. Bhanwari. On the evening of the 29th of November, 1963 Mst. Bhanwari was coming to the village from fields along with Mst. Panna, wife of the elder brother of the accused and Mst. Pansuri daughter of the maternal uncle of the accused when the accused met her outside the village and asked her to wait. Mst. Bhanwari did not stop whereupon the accused gave a lathi blow on her back and thereupon grappled with her and threw her on the ground. Mst Bhanwari got up and tried to run to wards the village, but the accused overtook her and the accused along with Mst. Panna, Kedara Khati and Lachman Dhabar began to drag her towards the nala. In the meanwhile Mst. Mathuri and Mst. Govindi who were working near the nala came to the nala and the accused sent for a rope through Kedara and after tying the hands and feet of Mst. Bhanwari with a rope which was tied to a log pipal tree nearby the accused sat on the breast of Mst. Bhanwari and began to cut her nose with a knife. When he was not able to chop off the nose with the knife he demanded another knife from Lachman who was nearby and cut off her nose with it. THEreafter, he cut off the upper liof Mst. Bhanwari. On the meanwhile two brothers of the accused, Prabhu and Ramchandar came on the stop and the accused with all his companions ran away after untying Mst. Bhanwari. Mst. Bhanwari went to Bishna who is said to be the Chowkidar of the village and the accused also accompanied her. Mst. Bhanwari related the story to Bishna who asked both her and the accused to march to the police station Barod, where the first information report was lodged by Mst. Bhanwari at about 8 P. M. THE occurrence is said to have taken place at about sunset.

(3.) THE appeal is partly allowed, the conviction under sec. 326 of the Indian Penal Code is maintained but the sentence of imprisonment is reduced to two years' rigorous imprisonment. I do not find the sentence of fine is necessary. It is set aside. .