JUDGMENT

Bennet, J. - This is an appeal on behalf of four persons Nanku, Asharfi Singh, Shankar and Ramlal who have been convicted by the Sessions Court of Budaun under Sections 148 and 352/149, Penal Code, and Shankar has also been convicted u/s 19(f), Arms Act. Sentences of one and two years' R.I. u/s 148 and three months' and one month's R.I. u/s 352/149, Penal Code, have been imposed and an additional one year's R.I. under the Arms Act on Shankar. The circumstances are somewhat peculiar. It is admitted that the accused Nanku, whose age is given as 20 years, was married four years ago to a child Mt. Chandrakali whose age is about ten years and her age at that period was apparently six years. She stayed with her husband for 15 days only after the marriage and she was then brought back to the home of her father Durga Prasad. Durga Prasad refused to allow his daughter to go back to her husband. The reason which he has given in cross-examination is "I do not send my daughter to her husband as she is too young and as her husband cannot support her properly." For the defence it was alleged that Durga Prasad had some intention of remarrying her to someone else. Learned Counsel alludes t