BABBAN KHAN & ORS. Vs. STATE

JUDGEMENT

(1.) This appeal was heard at orders stage while hearing the bail application.

(2.) The appellants have preferred this appeal against the judgment dated 5th Feb., '88, by which, they have been convicted by the Sessions Judge, Jhalawar, u/ss. 341, 366 & 376, IPC, and sentenced as under : <FRM>JUDGEMENT_101_LAWS(RAJ)9_19881.html</FRM> All the substantive sentences of the accused-appellants, were however, ordered to run concurrently.

(3.) The prosecution case is that on 7th Sept., '87, one Nathu submitted a written report at PS - Dug, District - Jhalawar, to the effect that his son Shankar was married to Mst. Manoharbai some 13 years back, and from Manoharbai, he had two sons, one aged 8 years and the other 6 years, respectively. Manoharbai used to go to her father's house, alongwith her younger son and come back according to her own wishes. He and his son were living in different apartment, and his son used to do business of selling milk. He used to go to Dug to sell milk, where from, some times, he used to come back after selling the milk and some times he used to stay there. On 13th Aug., '87, his son, Shankar had gone to Dug, and Manoharbai, along with her younger child was in her apartment, and her elder son had gone with Nathu. On the next, i.e. on 14th August,'87, Manoharbai and her younger child, were not found in their apartment. He thought that she might have gone to her father's house, so, they waited for 8-10 days. But, when they did not return thereafter, they searched for Manoharbai's father and also at places of other relatives. In the apartment of Manoharbai, they could not find food articles or utensils, and as they did not know where Manoharbai had gone, this report was submitted. Thereafter, on 2nd Oct., '87, Nathu submitted another report of the same incident. While repeating the previous report dated 7th Sept., '87 therein, he stated that 3-4 days before, one person, resident of Jhala-ka-khera had come to Kayasara and told one Duleshsingh, son of Bapulal that one woman of his village was living with Sardarsingh of Kakdail for the last one month and that then Kalu was keeping her in his village Jhalra-ka-khera, and further that the said woman had one child aged 6-7 years. Duleshsingh gave this information to Nathu, and Ramsingh of his village told him that Babban Khan had taken away Manoharbai forcibly, and that they had gone with Bherusingh, and handed over Manoharbai to Sardarsingh of Kakdail, for selling her.