RAJESH VERMA Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment & order dated 27.8.1991 passed by learned Addl. Sessions Judge, Jaipur, Distt. Jaipur in Sessions case No. 39/1991 whereby he has convicted and sentenced the appellant as under:

(2.) Briefly stated facts of the case are that an FIR for the offences under Sec. 307, 364,325,342, 323 IPC was registered at P.S. Sodala, Distt. Jaipur alleging therein that complainant was married to Rajesh on 15.11.1984, there was some dispute after said marriage and, as such, she started living with her parents. It was further alleged that on 25.10.1987, she had gone to Bus stand at shopping Centre, Jawahar Nagar to leave her sister Shanti to bus stand and while she was returning, she found that the petitioner was standing near the United Commercial Bank with his Luna. It was further stated that the petitioner tried to talk with her but she did not respond, but later on owing to his sweet talks, the petitioner bluffed the complainant and said that we would sit down at place for talks. It was further alleged that she was taken to his house in Mansarovar and the petitioner talked to her till early hours. Further it is mentioned that in the early morning, the petitioner had taken her in his lap and she had gone to sleep. The petitioner tried to strangulate her but she immediately defied him. In the said struggle, she had bit his palm and the finger with full strength and it was due to it, that the petitioner grip was loosen. Subsequently, the informant raised hue and cry and the neighbours collected and saved her. She had stated that she was beaten by legs and hands by which she sustained many injuries including the injury on the back bone.

(3.) After usual investigation, police filed challan against the petitioner for offence under Sec. 364 and 308 IPC before the concerned Magistrate where the charges were framed. The petitioner denied the charges and claimed to be tried. The prosecution examined as many as 02 witnesses and got exhibited certain documents. Statement of appellant under Sec. 313 Cr.P.C. was recorded. After hearing both the sides, the learned trial court has convicted and sentenced the appellant as indicated above vide judgment dated 27.8.1991.