MEGH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KADI (Pw. 9), who earlier married to Ratan (appellant) as per the customs prevailing in Gurjar community, subsequently contracted bigamous marriage (Nata marriage) with Ghoodiya (Pw. 2), who kept her in his house as his wife without making payment of `jhagda' (Money required to be paid to first husband by second husband in lieu of Nata marriage ). Since ceremonies necessary for Nata marriage were not performed and Ghoodiya and KADI started residing as husband and wife, the first husband called meeting of Caste Panchayat, that too could not resolve the matter. Thereafter first husband along with other persons took law in their own hands. On the fateful night they entered the house of second husband and opened fire in making attempt to take away KADI with them. Kannu, brother of second husband, received fire arm injuries and died on the spot. The appellants, eight in number, were indicted before learned Additional Sessions Judge (Fast Track) Gangapur City, who vide judgment dated December 13, 2001, convicted and sentenced the appellants as under:- Appellants Megh Singh, Raman Singh, Ratan, Rekh Raj @ Lekh Raj, Hari Singh, Kirodi, Roop Singh and Lakkhi: U/s. 148 IPC: Each to suffer rigorous imprisonment for one year. U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. U/s. 307/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 460 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 324/149 IPC: Each to suffer rigorous imprisonment for one year. U/s. 323/149 IPC: Each to suffer rigorous imprisonment for two months. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution story is woven like this:- On October 11, 1996 informant Moti Lal (Pw. 5) handed over a written report (Ex. P-7) at Police Station Bamanwas to the effect that in the preceding night around 2 AM 8-10 assailants armed with lathal weapons came to the house of Kannu (since deceased) in a jeep and opened fire that hit on the head of Kannu. THE assailants gave beating to Ghoodiya (brother of Kannu) and Guddi (daughter of Kannu ). THE assailants got enraged because daughter of Chhotya Gurjar entered into Nata Marriage with Ghoodiya. Two assailants viz. Megh Singh Gurjar and Lekh Raj Gurjar were caught at the time of incident. On that report a case under sections 147, 148, 149, 458, 459, 307, 324, 323, 363 IPC and 3/25 Arms Act was registered and investigation commenced. During the course of investigation Kannu succumbed to his injuries and section 302 IPC was added. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Gangapur City. Charges under sections 148, 120b, 363, 302/149, 307/149, 324/149, 323/149 and 460 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 25 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. One witness in support of defence was examined. During the course of trial accused Badrya died and proceedings against him were dropped on February 22, 2001. On hearing final submissions learned trial Judge convicted and sentenced the appellants as indicated above.

(3.) KADI (Pw. 9) in her deposition admitted that she was married to Ratan but ill treated her. Her father therefore took her with him and she was given in Nata to Ghoodiya. She further stated that Raman opened fire at Kannu and Rekh Raj dragged her. Ratan was also present there. Megh Singh and Rekh Raj were caught at the time of incident and others fled away in a jeep. She admitted that Jhagda was not paid by Ghoodiya to Ratan:- ***