CHHANGANI, J.—The Sessions Judge, Bhilwara, tried the four appellants Narain, Jamnalal, Mannalal and Magna of offences under secs. 366, 325 read with sec. 34, 323 and 452, I.P.C., and by his order dated 3rd of December, 1965, convicted them as follows—

Narain Singh ... 366/511, 451 and 323 I.P.C

Magna ... 366/511, 451 325 and 323 I.P.C.

Mannalal ... 366/511,451 ... I.P.C.

Jamnalal ... 366/511, 45.1, 323 I.P.C.

He awarded the following sentences for these offences—

Narain Singh 366/511 I.P.C. 9 months R.I.

Jamnalal

Mannalal 451 I.P.C. 3 months R. I.

Magna

Magna 325 I.P.C. 6 months R. I. and Rs. 200/- fine in default 2 months R. I.

Narain Singh

Magna 323 I.P.C. Rs. 200/- fine, in default 2 months R. I.

Jamnalal

2. The prosecution case may be briefly stated as follows—

Mst. Bali, prosecution witness No. 5, was initially married to the accused Maganlal, Jat of Hurda. The prosecution suggests that Maganlal and the members of his family did not behave properly with Mst. Bali and turned her out of the house. It is further alleged that some time in June, 1963, she contracted a second nata-marriage with Moola Jat of Anandipura, The prosecution story further is that on 20th September, 1963, the four appellants went in a jeep-car to the house of Moola with the intention of abducting Mst. Bali. They were armed with lathis. All the four appellants entered the guwari of Moola. Mst. Bali at that time was preparing meals in a room used as a kitchen. Maganlal entered into the room and brought her out of the room. The other three appellants joined Maganlal at a later stage and all of them began to drag her so as to place her on the jeep car. She raised an alarm. On her cries Moti P. W. 6 uncle of Moola, Madhu, Mst. Saru, Mst. Sodara, Balu, Chhagna and others collected and intervened. It is further alleged that on the intervention of these persons the accused-appellants gave beating to some of them. During the incident, Balu, Chhagna and Mst. Bali received two injuries each while Moti received five injuries, Gokulnath Ugma received three injuries each. One of the injuries suffered by Moti was described as a grievous injury. Similarly, one of the injuries received by Mst. Bali was also described as grievous one. Mst. Bali could avail of the opportunity to run away and take shelter behind the granary in the house of Moti. Many people of the village collected and eventually the appellants went away without taking Mst. Bali with them. The first information report of the occurrence was lodged with the Police Station, Gulab Pura, on that very day at 10 A.M. A case was registered and investigation was commenced. After usual investigation the accused-appellants were challaned in the court of a Magistrate who after enquiry, committed them to the court of session.

3. The accused pleaded not guilty and claimed trial. The prosecution examined 14 witnesses to prove its case. The accused when examined under sec. 342 Cr.P.C. denied their guilt and came forward with a counter version. According to the defence version, on 20th September, 1963, accused Narain Singh and Manna Lal reached Bijainagar in the morning. They had an idea of searching mica area and for that purpose sought the help of accused Maganlal who met them there. When the three accused-persons were leaving Bijainagar in the jeep car Maganlal was informed of the death of his relation at Anandipura and, therefore, they thought it proper to pay a condolence visit to Anandipura. They went to the accused Jamna Lals house, It may be mentioned here that some relation of Jamnalal had died and Maganlal accused undertook a condolence visit to Anandipura in that connection. They had tea at Jamnalals house and when they were starting towards mica area, somebody suggested to accused Maganlal that he might settle the dispute (divorce) money (Jhagada money) in respect of the divorce of his wife Mst. Bali. Maganlal and Nirain Singh then went with those persons to the house of Kajod. A sum of Rs. 500/-was offered to Ma

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