PALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Additional Sessions Judge No. 2, Hanumangarh vide judgment dated 24-5-1983 convicted Palaram and Maniram appellants for offence under Section 451, IPC and sentenced each one of them for two years rigorous imprisonment with a fine of Rs. 1,000/each and in default to undergo six months rigorous imprisonment. It is against this judgment of conviction and sentence that this appeal was preferred.

(2.) Briefly stated, FIR No. 178 was registered on 22-8-1981, in which it was stated that during the night in between 12th and 13th August, 1981 Pemaram had gone to the field of Lalchand Rawataram leaving Amru Ram, his wife and his sons Wife in the house. Smt. Kesar, who is the wife of Lalchand made hue and cry and then Amru Ram and his wife woke up. They saw Maniram and Palaram standing in the courtyard. They then scaled the wall and ran, away. When these persons made alarm, neighbours Taruram and Nandram immediately came and saw appellants running and identified them. It is further alleged in the First Information Report which was received by post at the Police station that Kesar was raped by Maniram while Pala had put a hand on her mouth. It was further alleged in the First Information Report that when the matter was reported to the Police, the Police did not register the case. Thereupon, Sarpanch Lotram and former M.L.A. were approached who assured that action would be taken. But thereafter the appellants threatened Lalchand the dire, consequences with the result Lalchand committed suicide by hanging himself. Again the police was approached but even then the case was not registered. Hence, the report was sent by Registered Post. The police registered a case under Sections 376, 457, 306 IPC and submitted challan before the Magistrate having jurisdiction who committed the case to the learned Sessions Judge where charges under Sections 458, 376, 354, and 342, IPC were framed and read over to the accused persons. It is also found that the charges with the aid of Section 34 of IPC were framed and read over to the accused appellants. They denied them and claimed trial. Thereupon the prosecution examined seven witnesses in all. Thereafter, the accused appellants were examined, under Section 313, Cr. P.C. They examined two witnesses in defence. Learned Sessions Judge convicted the appellants only under Section 451, IPC as stated above. The other offences were not found proved and hence the appellants were acquitted from the charges of Sections 458, 376, 354, and 342, IPC.

(3.) I have heard the learned Counsel for the appellants as well as learned Public Prosecutor at length and have gone through the record.