CHHOTU Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed by the six accused-appellants, namely, Chhotu, Narain, Rama, Bhagu, Chhoga and Gheesa who have been convicted and sentenced by the Additional Sessions Judge, Ajmer, vide his judgment dated 11th Mar., 76 as under:- <FRM>JUDGEMENT_86_LAWS(RAJ)10_1985(1).html</FRM>

(2.) All the substantive sentences awarded to the accused- appellants, were, however, ordered by the learnad additional Sessions Judge, to run concurrently.

(3.) The prosecution case is that on the night intervening between 18th and 19th Nov., 1971, accused Udai Singh and others, armed with lathis, forced themselves into an unlawful assembly, with a common object to beat and commit murder of those persons who obstructed abducting Mst. Gendi, wife of Harchand Gujar, from her residence at Village Chawanda. The intention of these accused persons was to abduct Mst. Gendi and then to compel her to marry against her will, so that she might be forced to illicit intercourse. To achieve this purpose, the accused persons committed lurking house- trespass or house breaking trespass by night into the residential house of Harchand Gujar, and caused beating to him and others. One Kalyan Singh was killed in this incident on account of beating by the accused party. Harchand Gujar received various injuries in the incident. Mst. Gendi was abducted forcibly and then wrongfully confined by accused Gheesa, Chhoga and then raped by accused Chhoga.