KHAZAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforesaid three appeals are directed against the judgment dated 11th February, 1992, passed by Shri Mahesh Singh Tanwar, Special Judge (Atrocities Court), AddI. Sessions Judge, Jodhpur in Sessions case No. 3 1/90, State v. Khajan Singh & Others, whereby he convicted each of the accused-appellant for offence under Section 498-A, I.P.C. and sentenced each of them to undergo one years rigorous imprisonment and - fine of Rs. 1,000/- each. In default of payment of fine, each of them was ordered to further undergo three months simple imprisonment. The learned trial Court however, acquitted the accused Khajan Singh for the offences under Sections 376 and 406, I.P.C. and other two accused Sikandar and Smt. Jethi for offence punishable under Section 406, I.P.C. Since these appeals arise out of the same judgment and are connected matters, they are disposed of by this common judgment.

(2.) Appeal No. 161/92 has been filed by Smt. Radha through the State for enhancement of sentence of the accused awarded by the learned AddI. Sessions Judge No. 3, Jodhpur, convicting and sentencing the accused persons as indicated above for the offence punishable under Section 498-A, I.P.C. Appeal No. 57/92 has been filed by all the three accused/appellants, namely, Khajan Singh, Sikandar and Smt. Jethi against their conviction and sentence passed by the trial Court. Appeal No. 455/92 has also been filed by the complainant Smt. Radha through the State against the acquittal of the three accused persons for offence punishable under Section 406 IPC and accused Khajan Singh for offence punishable under Section 376, I.P.C.

(3.) The facts giving rise to the filing of the above three appeals, briefly stated are, that the prosecution case started on a written complaint lodged by the prosecutrix Smt. Radha on 26 6.1988, in the Court of AddI. Chief Judicial Magistrate No. 3, Jodhpur alleging therein that she was married according to Hindu rituals to accused Sikandar son of Khajan Singh on 29th November, 1987 at Jodhpur. Accused No. 1 to 3, namely, Khajan Singh son of Sanwalji and Smt. Jethi w/o Khajan Singh were also cited as co-accused alongwith her husband Sikandar accused in the said complaint. She has alleged in her complaint to the police that her father gave all good presents at the time of solemnisation of her marriage with accused No. 3 Sikandar and it was solemnised in best possible manner as per status of the family. It was further alleged in her complaint that on 17th of March, 1988 while she was travelling with her husband and other members of her in-laws family in the First Class Compartment of the train, the father-in-law of the complainant accused Khajan Singh asked his son Sikandar (husband of Radha) to go in another adjoining compartment alongwith his mother Smt. Jethi (wife of Khjan Singh), while Khajan Singh accused No. 1 with some evil Intentions remained in the compartment in which the prosecutrix was travelling. After some time when Smt. Radha woke up, she saw that her husband was not in the cabin and accused Khajan Singh, her father-in-law, was bolting the door from inside and tried to out rage her modesty and he committed rape on her. She has further alleged in her complaint that apart from the said incident there were also demands of dowry from father-in-laws and it was not possible for her parents to fulfill the demands of dowry.