BHERUN AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are by Bherun, Roopa, Tara Chand and Hira appellants against the same judgment of the learned Sessions Judge, Partabgarh, Camp Chittorgarh dated Aug. 29, 1974 whereby, appellant Hira was convicted under section 366. Indian Penal Code and sentenced to 6 months rigorous imprisonment and a fine of Rs. 500.00, in default of payment of which further rigorous imprisonment for 3 months and the other appellants were also convicted under section 366, Indian Penal Code and awarded sentence of 5 years rigorous implementation and a fine of Rs. 500.00, in default of payment of which further rigorous imprisonment for 3 months.

(2.) The facts according to the prosecution were these On June 21, 1973, Bheri wife of Hazarijat was returning with Kishna and Bhura from Kapasan on foot Near the Railway bridge, the appellants assaulted Mst. Bheri with sticks and gave her numerous blows Bhura and Kishna ran away. Mst. Bheri by the use of force, was taken to village Pandoli. It appears that Mst. Rambha was married to appellant Hira She, however, deserted appellant Hira and went in 'nata' to the brother of Mst. Bheri. The three other appellants are brothers of Mst. Rambha. Mst Bheri was taken to the house of the appellant Hira in village Pandoli Mst. Bheri requested Narain to rescue her. One Amarchand finally took her to Surajpura. It appears that the appellants did not put any further restrain upon Mst. Bheri after she was taken to the house of appellant Hira. On the next clay, Hazari, PW 3 husband of Mst. Bheri reported the incident in the police station, Kapasan. A case under section 366, Indian Penal Code was registered and after the usual investigation, challan was filed in the court of Mursif Magistrate, Kapasan, who committed the appellants to the Sessions to face the trial.

(3.) I have heard the learned counsel for the appellants and the learned Public Prosecutor for the State and perused the record of the case carefully.