NENIA & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred by appellants Nenia s/o Chimana, Ramu Sjo Shimbhuram, Ramuram s/o Hanutram and Bhanwaria s/o Nena, against the judgment of the Additional Sessions Judge, No. 1, Jodhpur, dated Oct. 22, 1974 convicting and sentencing them as under : <FRM>JUDGEMENT_34_LAWS(RAJ)10_19791.html</FRM>

(2.) The facts according to the prosecution were these. Mst. Heerki was married with Gordhan about 7 or 8 years before the incident. Thereafter, Gordhan became mad. Mst. Heerki, was then divorced according to the customary rites and Rs. 6,000.00 and the ornaments were given to Chothuram, father of Gordhan. She was then given in 'nata' marriage to Rewatram. On 10.6.1973, Rewatram had come to take away Mst. Heerki. At about 3 p.m., he went in advance to the bus-stand. Mst. Heerki and her mother, sometime after, followed him to the bus-stand. It was, then in the way, when both of them were crossing a lane in the village, appellant Nenia rushed towards them and caught hold of Mst. Heerki by her pigtail and dragged her into a nearby 'bara', Nenia cried, 'run.run; I have caught hold of Heerki.' On hearing the cries, appellants Ramu S/o Shimbhuram, Ramuram S/o Hanut Ram and Bhanwaria s/o Nena rushed towards the site. They started beating Mst. Heerki and her mother. Ramu s/o Shimbhuram made a cut at the bridge of the nose of Mst. Heerki and when her mother intervened, she was also given a few knife injuries. The appellant also forcefully snatched away 'gold madliyas' from the neck of Mst. Heerki and some other ornaments and a sum of Rs. 150.00. Lumbharam and Jiyaram on hearing the cries, went to the place of occurrence and rescued the victims. The appellants ran away. In the evening, Modaram father of Mst. Heerki returned from his work and took the injured to Jodhpur Hospital and lodged an oral report on the same day at 11.30 p.m. at police station, Mahamandir, Jodhpur. Both the injured persons were medically examined. The appellants were arrested during the course of investigation and they made certain disclosure statements leading to the recovery of 'gold madliyas , 'Knife' and 'lathi'. After completing the investigation, a charge sheet was preferred against the appellants in the court of Munsif and Judicial Magistrate, Jodhpur District, who committed the case to the Sessions. The appellants pleaded not guilty to the offence and claimed trial. The learned Additional Sessions Judge believed the two eye witnesses and convicted the appellants as stated above.

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