SUNIL KUMAR GARG,J. - (1.) THIS appeal has been preferred by the accused appellants against the judgment and order dated 10.11.1986 passed by learned Additional Sessions Judge, Rajsamand in Sessions Case No. 13/86 by which the learned Additional Sessions Judge acquitted accused Bheru Lal, Bheru S/o Amar Singh, Varda, and Smt. Pyari for offence under Sections 147, 323, 342, 366 and 447 I.P.C., but convicted accused appellants Lehru, Lalu, Moti and Ganga Ram for offence under Sections 366, 447, and 342 I.P.C. and also convicted accused appellant Shankar for offence under Section 368 I.P.C. and sentenced each of them as under: Name Offence Sentence awarded Lehru 366 I.P.C. 4 years' R.I. and a fine of Rs. 500/ - Moti each in default to further undergo Gangaram 3 months' R.I. Lalu Lehru 342 I.P.C. A fine of Rs. 250/ - each in default Moti to undergo 1 month's R.I. Gangaram Lalu Lehru 447 I.P.C. A Fine of Rs. 250/ - each in default Moti to undergo 1 month's R.I. Gangaram Lalu Shankar 368 I.P.C. 4 years' R.I. and a fine of Rs. 500/ - each in default to further undergo 3 months' R.I. All the sentences were ordered to run concurrently. Note: In this case there are five appellants and out of them, appellant Ganga Ram and Lalu Ram died during the pendency of this appeal and their appeal stands abated vide order of this Court dated 24.9.2001.
(2.) THIS appeal arises in the following circumstances: (i) On 17.6.1985, P.W.1 Badri Lal lodged a written report Ex.P/1 with the Police Station Railmagra, Dist. Udaipur at that time (Now Rajsamand) alleging inter alia that his younger sister Smt. Pyari P.W.5 (hereinafter referred to as the prosecutrix) was married 20 years back with Magni Ram and in the night she was in her house in village Chhatri Kheda at that time accused persons near about 10 to 15 and out of them he was only knowing the name of accused appellant Lehru and name of rest accused was not known to him came to her house and kidnapped her sister P.W. 5 Smt. Pyari Bai and this incident was witnessed by P.W. 7 Balu and other witnesses also. On this report, police chalked out regular F.I.R. and started investigation.
(3.) DURING investigation, through Fard Ex.P/8 the prosecutrix was got recovered on 18.6.1985 from the house of Chhoga.;