N.L.TIBREWAL, J. - (1.) THE story of the case relates to the life of Mst. Suman Kanwar and Vinod Kumar Dhobi who liked to each other. But to their misfortune they belong to different castes and perhaps this is the root cause of their trouble. Mst. Suman Kanwar belongs to the family of Rajput, an upper caste in the society, while Vinod Kumar is Dhobi of lower caste. There is no gain saying that in our society caste still plays a significant role in human relationship and behaviour. These petitions disclose a sordid and disturbing state of affairs that such things should happen in their lives.
(2.) THE Habeas Corpus Petition was filed before this Court on 16th April, 1996 and on the same day, Shri S.R. Yadav, learned Public Prosecutor accepted notices of the respondents. He was directed to seek instructions on telephone and file reply to the writ petition by 18th April. On 18th, reply was filed and the petition was adjourned for the next day. On 19th April, direction to produce Suman Kanwar on 22nd April was given. Pursuant to the direction, she was produced before us and she gave her statement on oath which is reproduced in extensio as under (English Translation) I know Vinod Kumar Dhobi. He is my husband, on 27th January, 1995 our marriage was solemnised by a Pandit at Arya Samaj, Kota. After marriage, I was living with my husband at Malviya Nagar, Jaipur. After marriage, we lived together for about 1 -1/2 years. After Malviya Nagar, we lived in Jhotwara -in a rented house. On 14th April. 1996, at our house in Jhotwara - Jaipur, two Police personnels, my brother Sampat Singh, my mother and two other boys came alongwith my uncle Bhanwar Singh. All these persons forcibly brought me and my husband to Kota in a Jeep. Those two Police persons were Raghuraj Singh Hada and Heera Lal. In Kota, we were taken at the Police Station where my husband was beaten by the Police and detained there. Thereafter, I was not allowed to meet my husband, and I do not know when he was allowed to go from there. I was made to sit in the Police Station till eleven at night and thereafter, I was sent to my mother. I want to live with my husband Vinod Dhobi. I do not want to live with my mother or any other relative. I apprehend danger to my life from my mother, brother and police persons. I have passed 9th class. The above statement and disclosure was made by Suman Kanwar when she was assured of providing full protection by the Court. It is important to note that she was brought before us direct from the custody of her mother and that too by the police persons against whom she was having grievance. Hence, there could not be any pressure on her from the side of Vinod Dhobi or his relatives. We are satisfied from her demeanor that her statement is voluntary and straight forward and it has a ring of truth in it. From her statement, the following facts are disclosed: (i) That She had left her parents house voluntarily and married with Vinod Kumar Dhobi on 27th January, 1995. Since then they were living together as husband and wife. (ii) She and her husband were forcibly brought in a Jeep at Kota and were subjected to torture at the Police Station. Her husband was detained/confined in the Police Station and beaten by the Police, while she was made to sit there till late at night upto 11 p.m. and thereafter she was sent to her mother's house against her will. (iii) In unequivocal terms she has desired to live with her husband Vinod Kumar.
(3.) ON 22.4.96, after dictation of the order, Vinod Kumar Dhobi appeared before us and stated that he was kept in police custody at Kota for six days and on 20th April, 1996 he was allowed to go. That he was beaten by the A.S.I. Shri Raghuraj Singh Hada, and Constable Heera Lal. We, therefore, directed the Dy. Registrar (Judi.) to get him medically examined by the Medical Jurist, S.M.S. Hospital, Jaipur. His injuries were examined on 22.4.96 by the Medical Jurist, S.M.S. Hospital, Jaipur and as per the injury report, which has been placed on record, the following injuries were noticed on his body: (1) Faint swelling present over left zygomatic region. (2) Abrasion of size 1 x 1/4 cm with dry brownish black scab -placed over back near midline towards Rt. side at the level of eliac crest -simple/blunt. (3) Abrasion of size 1/2 x 1/4 cm with hard brownish scab placed over 6 cm. below the Rt. side inferior angle of scapula -simple/blunt. (4) Bruise, of size 2 x 1 cm bluish black in colour placed over left poplitial fossa -simple/blunt. (5) C/o pain and tenderness over front of chest OR/X - Ray/blunt. (6) C/o Blurring of vision from left eye -OR/eye Surgeon opinion. ;