Judgement

NATARAJAN, J.:- This appeal by special leave by the appellant Pyare Lal is directed against the judgment of the Allahabad High Court in Criminal Appeal No. 3138 of 1972 confirming his conviction under S. 366 read with S. 109 of the Indian Penal Code (for short I.P.C.) by the II Temporary Civil and Sessions Judge, Orai and the sentence of seven years R.I. awarded therefor.

2. One Roop Narain (accused No. 1) and his aunts son viz. Pyare Lal, the appellant herein were tried along with another accused by name Babu for various offences relating to the abduction, rape and murder of Roop Narains wife, deceased Shri Bai. While Roop Narain and the appellant were charged under Ss. 366 and 368 read with S. 109, I.P.C. and S. 120-B. I.P.C., the other accused Babu was tried for offences under Ss. 366, 368, 376, 324 and 120-B, I.P.C. Roop Narain and the appellant were convicted under Ss. 366 and 368 read with S. 109, I.P.C. and sentenced to undergo R.I. for seven years under each count, the sentences to run concurrently. Accused Babu was found guilty under various charges including the charge under S. 302, I.P.C. and sentenced to life imprisonment besides varying terms of imprisonment