DALALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal appeal has been preferred by the accused appellants namely Dalala, Hawa and Ratta against the judgment and order of sentence dated 31st of May 1988, passed by the Addl.Sessions Judge No. 2, Udaipur, in Sessions Case No. 53/1986 whereby the accused appellant Hawa has been convicted for the offence under Section 344 Indian Penal Code and sentenced to one year's R.I. and a fine of Rs. 100/ -, in default of payment of fine to further undergo one month's R.I. ; convicted for the offence under Sections 448, 147 and 323/149 of IPC and sentenced in each offence to a period of two months' simple imprisonment and a fine of Rs. 200/ -; in default of payment of fine the accused to further undergo one month's simple imprisonment in each offence, the accused Ratta has been convicted for the offence under Sections 448 and 147 IPC and sentenced in each offence to a period of two months' simple imprisonment and convicted for the offence under Sections 323/149 IPC and sentenced to a period of two months' simple imprisonment and a fine of Rs. 200/ -, in default of payment of fine to further undergo one month's simple imprisonment and Dalala has been convicted for the offence under Sections 448, 147 and 323/149 IPC and sentenced in each offence to a period of two months' simple imprisonment.

(2.) THE nub of the prosecution story is that four years prior to January 1986 Smt.Logary was married to the accused appellant Hawa r/o Padma -Khera. After marriage, Smt. Logary was living with her husband but after a brief stay of two to four days, she used to come back to her parent's house. Two to three years prior to the date of occurrence, Smt.Logary had been living in the house of her father situated at Manoharpura. On account of her continuous long stay with her parents, the accused persons namely Dalala, Hawa, Ratta and Jotha constituted an unlawful assembly in the night at 1.00 AM on the 28th of January, 1986 and approached the house of PW/2 Geba. At the time of occurrence , all these accused persons were armed with deadly weapons like that of 'lathi' and 'kans' etc. Smt.Logary was sleeping inside the house but the accused persons forcibly entered into the house and assaulted her and forcibly dragged her to their house where she was confined under lock and key. The complainant Geba lodged the first information report, Ex.P/2, with the police Station Kheroda.

(3.) DURING trial, the Addl.Sessions Judge, Udaipur framed charges for the offence under Sections 147, 323/149, 448, 368/344 IPC and read them to the accused persons who denied their guilt and claimed trial.