ROOPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a jail appeal directed against the conviction of the accused -appellant, under Section 326 and sentenced to 5 years rigorous imprisonment and a fine of Rs. 500/ - and in default of payment of fine to further undergo six month's rigorous imprisonment. He was also convicted under Section 324 and sentenced to one year's rigorous imprisonment and a fine of Rs. 300/ and in default of payment of fine he was directed to undergo further imprisonment for a period of 1 -1/2 months. He was also convicted under Section 45? and sentenced to 2 year's rigorous imprisonment and a fine of Rs. 500/ and in default of payment of fine to further undergo three month's rigorous imprisonment.

(2.) SINCE it was a jail appeal and accused was not represented by a counsel, Mr. Bhim Raj Arora was appointed amicus -curiae, to represent the accused.

(3.) THE brief facts giving rise to this appeal are that Roopa's daughter and Dhanji's niece Kanta. was engaged with injured Roopa's brother Laxman. But since the age of the girl was more than the boy, therefore, this engagement could not be solemnised Mst. Kanta was, thereafter, got married with some body else. It is alleged that Mst. Kanta eloped and she could not be traced therefore, the accused Roopa went to the house of the injured Roopa to protect and to find out the where about of the girl. But the girl was not available there. In the night intervening between 4th and 5th of October, 1987 at 12.00 mid -night accused Roopa armed with a sword, along with Dhanji, his brother, went to the house of the accused where he was sleeping. There they beat him with a sword and after that they went away from the place. The First Information Report in this respect was lodged at Police Station Dhambola on 5 -10 -198 7 and the injured was got examined in the Hospital. He received about six injuries on the face and other parts of the body. On the basis of the First Information Report a case under Sections 307, 452, 326, 324/34, IPC was registered against the accused Roopa as well as Dhanji, his brother.