NAND RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE three appeals -one represented and second through jail are directed against one and the same judgment of the learned Additional Sessions Judge Udaipur dated July 15, 1976, they were heard together and are disposed of by a single judgment. By the judgment aforesaid, the three appellants Nandram, Smt. Hoori and Smt. Aiji were convicted under Sections 120B and 302/34, I.P.C. and each was sentenced to imprisonment for life with a fine of Rs. 100/ - in default of the payment of fine to further undergo three months, rigorous imprisonment.

(2.) BRIEFLY recalled, the facts and circumstances leading to the prosecution and conviction of the appellants are that the appellants Nandram and Smt. Hoori are husband and wife and the appellant Smt. Aiji is their daughter. They all resided in village Madri P.S. Sayra district Udaipur. Smt. Aiji was married to Heeralal a few years before August, 1974. As Smt. Aiji is the only issue of her parents, the parents invited Heeralal to live permanently with them in their village. Heeralal was a resident of village Bater, which is at a distance of 4/5 kilometers from Madri. Heeralal was, thus, living with the appellants us 'Ghar Jawain' (Stationary son -in -law). The relations between him and the appellants, however, did not remain happy and cordial. It is alleged that Heeralal set fire to the house of the appellants, for which he was prosecuted, convicted and sentenced to three years imprisonment for an offence under Section 436 I.P.C. While he was serving the sentence in jail Smt. Aiji submitted an application in the Court of the District Judge, Udaipur under Section 10 of the Hindu Marriage Act, 1955 to seek judicial separation from her husband Heeralal. This application was allowed by the District Judge on August 5, 1972, by his judgment Ex.P 5. This further embittered the relations between Heeralal and the appellants. When Heera Lal was released after serving the sentence of imprisonment, he went to his village Bater and started living with his parents and brothers. Some persons intervened and the appellants approached Heeralal with a request to live with them in village Madri. They assured him that he would get all the assets and properties of the appellants. Smt. Aiji executed document Ex.P 4 on June 23, 1974 in favour of her husband Heeralal on a stamp paper. Heeralal yielded and came to live again with the parents of his wife in their village Madri.

(3.) WE have heard the learned Counsel for the appellants and the learned Public Prosecutor. We have also gone through the case file carefully.