NATHU RAM Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Badlu Ram complainant filed a complaint under Sections 498/497/109/379/34 I.P.C. against Nathu Ram, Kamla and Paras Nath on the allegations that he and Nathu Ram and Paras Nath were employed in Railway. The complainant is married to Kamla accused according to Hindu rites. Complainant along with his wife Kamla were residing for the last four years at Dagru railway station in a house allotted to his father who was working as Gangman. It is alleged in the complaint that Nathu Ram is real brother-in-law of Paras Nath who was posted at Talwandi Bhai whereas Jagan Nath brother of Paras Nath was posted at Dagru railway station and was allotted a house there. Nathu Ram accused used to visit Jagan Nath at his quarter. It is also alleged that Nathu Ram accused developed illicit relations with Kamla accused. On 11.8.1984, Paras Nath accused took Kamla on his cycle to Talwandi Bhai from where she was taken to Faridkot by bus so that she may have illicit sexual inter course with Nathu Ram accused. It is also alleged in the complaint that Paras Nath and Kamla accused also took along with a sum of Rs. 450.00 and silver ornaments comprising of Hasli and Gardani etc. Thereafter Nathu Ram accused in connivance with Kamla filed a complaint under Sec. 323/504 Penal Code against the complainant in the Court of Judicial Magistrate 1st Class, Faridkot. Nathu Ram accused kept Kamla in his house and committed illicit inter course with her. On 15.8.1984, both Nathu Ram and Kamla accused were apprehended by the police of Police Station, Sadar, Moga and were proceeded against under Sec. 109 Crimial P.C. and they were produced before the Sub Divisional Magistrate, Moga on 16.8.1984. On 24.8.1984 Nathu Ram accused filed a complaint under Sec. 97 Crimial P.C. against the complainant and one Piare Lal and got issued search warrant of Kamla. Kamla was produced in the Court and she made a statement expressing her desire to go with Nathu Ram accused and since then Nathu Ram has kept her in his house illegally.

(2.) On the preliminary evidence led by the complainant the accused were summoned. After considering the pre-charge evidence, Kamla accused was discharged whereas Nathu Ram was charged sheeted under Sec. 497 Penal Code and Paras Nath under Sec. 498 Penal Code vide order dated 18.7.1987. The accused were given opportunity to cross examine the witnesses already examined by the complainant. Thereafter, the accused when examined under Sec. 313 Crimial P.C. denied the prosecution allegations and pleaded that Nathu Ram accused did not keep Kamla accused at his house against her will. In defence father of Nathu Ram accused appeared as DW.1. Paras Nath accused appeared in his defence as DW.2 and Bahadur Singh was produced as DW 3.

(3.) After considering the entire evidence, the learned trial Court acquitted Paras Nath accused whereas Nathu Ram accused was convicted under Sec. 497 I.P.C. and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00. In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. The learned Additional Sessions Judge, Faridkot, vide his order dated 5.9.1988 maintained the conviction and sentence and dismissed the appeal filed by Nathu Ram accused. Hence this revision.