G.K. Sharma, J. - (1.) This appeal is directed against the judgment dated 29th August, '79, by which the appellants have been found guilty and sentenced as under - Madho - U/s. 366 IPC to 3 years rigorous imprisonment and a fine of Rs. 500/-. in default of payment of fine to further undergo six months R.I. U/s. 379 IPC one month's R.I. and a fine of Rs. 500/-, in default of payment of fine, to further undergo 3 months' R.I. Devi Lal - U/s. 366 IPC to 3 years R.I. and a fine of Rs. 500/-, in default of payment of fine to further undergo six months' R.I. Badri Lal - U/s. 366 IPC to 3 years R.I. and a fine of Rs. 500/-, in default of payment of fine to further undergo six months' R.I. Mst. Dakha and Bhairon Lal - U/s. 379 IPC one year's R.I. and a fine of Rs. 500/- each, in default of payment of fine to further undergo 3 months' R.L each U/s. 368 IPC 3 years R.I. and a fine of Rs. 500/- each and in default of payment of fine to further undergo six month' R.I. Prem Chand - U/s. 366 IPC read with Section 34 IPC 3 years' R.I. and a fine of Rs. 500/-, and in default of payment of fine, to further undergo 6 months' R.I.
(2.) On 25.4.76 Bhola lodged a report alleging that on the previous night his married daughter Mst. Phula had gone to answer the call of nature in the night at 11 p.m. and from there she did not return. He searched her but with no success. Next morning he was told by one Jagdish Singh that Phula has been taken on motorcycle by Devi Lal & Badri Lal and she has been handed over to accused Madho Lal. It was also alleged that her daughter had ornaments of both gold and silver on her body. On this report a case u/Ss 363 & 366 IPC was registered. After completing the usual investigation the police submitted challan against the accused-persons. The learned Sessions Judge framed charge against the accused-persons u/Ss. 379 and 366 IPC. Accused Madho was also charge-sheeted for the offence u/S. 376 IPC. The accused-persons pleaded not guilty and claimed trial.
(3.) The learned Sessions Judge after concluding the trial found the accused appellants guilty of the offences u/Ss. 379 & 366 IPC. Mst. Dakhan was also found guilty of the offence u/S. 368 IPC and he sentenced them as mentioned above. After filing this appeal appellant Bhairon Lal died and his appeal is abated.;