RATANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGMENT :- This is an appeal from the judgment dated 10-9-1997 of the learned Special Judge, Atrocities on Women and Dowry Cases Court, Bhilwara whereby the accused-appellant Ratanlal was held guilty of the offences under Ss. 376, 394 and 307 IPC and was sentenced to 7 years rigorous imprisonment together with a fine of Rs. 2000/- and in default of payment, to further undergo simple imprisonment for six months for the offence under S. 376 IPC; to 7 years' rigorous imprisonment together with a fine of Rs. 2,000/- and in default of payment of fine to further undergo simple imprisonment for six months for the offence under Section 394 IPC; and to undergo 7 years' rigorous imprisonment together with a fine of Rs. 2,000/- and in default of payment of fine to further undergo simple imprisonment for six months for the offence under S. 307 IPC.

(2.) The brief facts necessary for the disposal of this appeal may be stated as follows. P.W. 2 Ganpatlal, Up-sarpanch Kotadi while going to Sultanpura, saw a woman lying unconscious under a Babul tree. He also saw certain injuries on her neck. He went to Police Chowki, Hurda and informed about this incident to S.H.O. Police Station, Pratapnagar, Bhilwara on the same day. On receipt of this information, P.W. 13 Pushpendra Singh, S.H.O. Police Station, Pratapnagar Bhilwara made a brief mention in his Rojanamcha Aam. he then went to the site and saw P. W. 5 Mst. Sumitra lying there in unconscious condition near Rupaheli Chauraya. He managed for sending Mst. Sumitra to Govt. Referal Hospital, Gulabpura. P. W. 3 Dr. A. P. Mathur attended Mst. Sumitra and found the following injuries on her person :

(3.) . The first injury was grievous and the other two were simple in nature. The duration of injuries was found to be fresh. Dr. A. P. Mathur prepared the Injury Report Ex. P. 2 and then referred Mst. Sumitra for adequate treatment to J and L Hospital, Ajmer.