PREM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TEN persons have come in appeal against the conviction of sentence passed by the Sessions Judge Tonk. All of them have been convicted for the offences under Sections 147 and 366 IPC and they have been sentenced as under: Under Section 366 IPC 3 years R. I. Under Section 147 IPC One year R. I. and a fine of Rs. 100/ -. In default of payment of fine to suffer simple imprisonment for 15 days.

(2.) AT the same time they have been acquitted for the offences under Secs. 323 324, 325, 392 and 376 IPC. Three other accused persons who were also accused have been acquitted.

(3.) THE main contention is that Kailashi was the married wife of Shyam Lal and there is no evidence to show that the marriage had come to an end and in such circumstances taking away of a wife by the husband does not constitute an offence under section 366 IPC. In support of this contention reliance has been placed on Manna Lal V/s State of Rajasthan (1) wherein it has been held that where there is no evidence to prove that husband has divorced his wife his attempting to take away her forcibly does not constitute an offence under section 366 IPC. THE same principle has been upheld in Peer Mohammad Kukaji Vs. THE State of M. P. (2 ).