SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the order of learned Sessions Judge, Sriganganagar dated 1.7.1999 by which he maintained conviction and sentence of one year under section 452IPC and conviction under section 323 Penal Code and sentence thereunder for a period of six months passed by learned Chief Judicial Magistrate, Sriganganagar.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor.

(3.) Briefly stated, on 29.9.1992 Laxmi Narain Agarwal reported at Police Station Kotwali, Sriganganagar that at about 7.45 p.m. petitioner entered into the house of Dr. Praveen Garg in his absence and by showing a toy gun asked his wife to give money and her ornaments. When she refused, the petitioner gave her beatings and closed her in bathroom. Nurse Vijayama and compounders heard the noise and then went to the house of doctor where they caught hold of the petitioner. Case under sections 452 & 384 Penal Code was registered and investigated. After investigation challan was submitted. Learned Magistrate framed charges under sections 452, 384/511 & 323 IPC. They were read over to the petitioner. He denied his indictment and claimed trial. Thereupon prosecution examined four witnesses. Then the petitioner was examined under section 313 Crimial P.C. His defence was that he was working in the house of Dr. Praveen Garg as he was laying down the floor on the upper store of the house of Dr. Garg. His defence further was that he was seen by Dr. Garg while doctor's wife Archana was talking to him and he suspected the character of his wife, therefore, he gave beatings to Archana and the petitioner. He was to take a sum of Rs. 2,200.00from Dr. Garg which was also not given and he has been involved in a false case.