PRABHU LAL & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail Appeal has been preferred to challenge the judgment and order dated 19.7.2003 by which the appellant Prabhu Lal has been convicted under Section 302, IPC and has been sentenced to undergo life imprisonment and a fine of Rs.1000/- and in default thereof, to undergo three months' rigorous imprisonment. He has been convicted for offences under Sections 342 and 323 IPC and has been sentenced to one year for each offence.

(2.) The appellant Prabhu Lal's wife Muli has also been convicted under Section 342 and 323 IPC and has been sentenced to under go one year's rigorous imprisonment in both the offences. It appears that the accused Muli already has undergone the entire sentence and, therefore, jail appeal has been preferred only by appellant Prabhu Lal.

(3.) As per the facts stated in the FIR Ex.P.8, complainant Smt. Nandu w/o Bhanwar Lal Nandu had one daughter Smt. Sarju, who married to Ram Kishan r/o Karundi. This marriage was nata marriage. Since Smt.Nandu had no son, therefore, her daughter and daughter's husband Ram Kishan used to live in the house of Smt. Nandu at village Kama and Smt. Nandu and her husband were living in village Makrodi. Smt. Sarju's daughter Vimla was married to Shanti Lal s/o Prabhu r/o Kama. Said Vimla went in nata marriage with Ghisa Bheel about 2-3 months before the time of incident. Shanti Lal and his father Prabhu appellant had doubt that Vimla was kept in nata with connivance of complainant's family members and, therefore, Shanti Lal and Prabhu Lal used to quarrel with the complainant's daughter Smt.Sarju. They also demanded that either bring Vimla back and handed over to Shanti Lal or give money in consideration thereof. Two days ago, Smt. Sarju came to her mother Smt. Nandu at Makrodi and told complainant that Prabhu's family members are quarrelling with her so come with her to her village so that dispute may be settled. On the request of Smt. Sarju, the complainant and her husband Bhanwar Lal along with their daughter Smt. Sarju went to the village Kama on the fateful day where when they were passing through house of one Kana Bheel, Prabhu Lal, Shanti Lal(minor) and Prabhu Lal's wife Muli came with lathis and started beating complainant's husband Bhanwar Lal. When complainant Smt.Nandu and her daughter Smt. Sarju tried to save Bhanwar Lal, some injuries were also inflicted on complainant and her daughter Smt. Sarju. After hearing the voice of quarrel, Badri Bheel, Ramdeo Bheel and Nandu Bheel came on the spot and intervened. As per the facts stated in the FIR, Prabhu Lal suffered injuries in head and Shanti Lal inflicted injury on the leg of the complainant Nandu. Muli also gave several beatings with stick. The complainant's husband Bhanwar Lal fell down and he was taken in the house of accused appellant Prabu Lal, where Bhanwar Lal was given beating again. The complainant and Sunder to save themselves, ran away from the site to their house. In the morning, the complainant came to know that her husband has been killed by the accused-persons.