MAHESH CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 5th August, 1987 whereby the Additional Sessions Judge No. 5, Jaipur City, Jaipur convicted the accused appellant in the offence under Sections 366 of 1PC and sentenced him to Rigorous Imprisonment of four years and a fine of Rs. 200/ -; in default of payment of fine to further undergo simple imprisonment of one month.

(2.) THE prosecution story as unravelled for trial, runs as under: That the complainant PW.2 Suresh Chand Jain and the accused appellant Mahesh Chand were living in one house No. 214 situated in front of Veer Hanuman Tample in Brahmpuri, Jaipur. The complainant was living with his wife Smt. Manju. The accused used to visit his home frequently. On 21st October, 1986 at about 9.30 AM, he went on duty to SMS Hospital as usual. When he returned in the evening at 6.00 PM, he found the door locked. He enquired about his wife from his landlord but he replied that he did not know anything. Till late night -he waited for the return of his wife but she did not return. Thereafter, he took care of his house -hold articles and found that the golden ornaments like Chain, rings etc. were missing. He found the door of the accused Mahesh Chand also locked. He searched his wife at all possible places but of no avail. He apprehended the accused to have abducted his wife and therefore, submitted a written complaint Ex. P/1 in Police Station Brahampuri whereupon the police registered the FIR Ex. P/2 and commenced investigation.

(3.) THE accused appellant was charged for the offence under Section 366 of IPC who pleaded not guilty and claimed trial. In order to further its version, the prosecution has examined as many as six witnesses. In his explanation under Section 313 of Cr.P.C., the accused claimed innocence. On completion of trial, the Court convicted and sentenced the accused Mahesh Chand as indicated hereinabove.