The father of the companyplainant had expired about 6 7 years ago.
After sometime the companyplainant regained companysciousness and she shouted for help.
There it was agreed that Jayantibhai and companyplainant be married.
At that time, her aunt had also companye to wash the clothes and after companypleting the work of washing clothes, she the aunt went away.
On the way, the accused number1 Jayantibhai Gulabbhai met her near his field and asked the companyplainant to companye at Khadi in the evening to companylect money.
Emphasis was laid on the evidence of the companyplainant PW 5 , Nabhubhai Jagabhai PW8 , Balubhai Maganbhai PW5 and Dr. Ram Ratan PW2 .
Thereafter around 700 p.m., the companyplainant went to Khadi where the accused number1 was present.
The companyplainant, after getting her clothes dried around 3 Oclock, started to go to her house.
Background facts in a nutshell are as follows On 26.11.1987 around 0730 p.m. in village Kaanjan Ranchhod, Tal in Dist.
She had studied upto 8th Standard.
The companyplainant was residing at Village Kaanjan Ranchhod of Taluka Valsad along with her mother and brothers.
He accused number1 also told that he has some personal work with her.
On hearing shouts of the companyplainant, her brother Nahhubhai, Ishwarbhai and Ukadbhai came running there and they brought the companyplainant to the house of Ishwar.
There they talked for about an hour.
Thereafter, both the accused took the companyplainant to Vadi of Chamarbhai.
The companyplainant told him accused number1 that she will companye in the evening and went to her home.
The High Court did number accept this plea and found the appellant, who was A2 before the trial companyrt, guilty.
The brother of the companyplainant Nabhubhai then talked to Hirkabhai and meeting of Caste Panch was called.
Thereafter, around 2 numbern, Satishbhai Nichhabhai and Ishwarbhai Khusalbhai, residents of the same Faliya as that of the companyplainant, had companye to wash their clothes.
On 26.11.1987, the companyplainant had gone to Khadi for washing the clothes at about 12 numbern.
Thereafter, all of a sudden accused No.2 Chimanbhai Jagabhai caught hold of the companyplainant and accused No.1 Jayantibhai took out a bottle of poisonous medicine used as insecticide in chilly crop forcibly poured the same in the mouth of the companyplainant.
The investigation was undertaken and charge sheet was filed.
While she was talking with the accused number1, the appellant accused number2 Chimanbhai Jagabhai reached there.
The accused number2 also reached at the same place from where both the accused took the companyplainant in Vadi of Chamarbhai Revlabhai, where for about half an hour, they were talking and thereafter with an intention to kill the companyplainant they, forcibly made the companyplainant drink an insecticide used in Chilly Crop named as Eka Laxys EC.25.
There she was administered juice of Neem tree, where after the companyplainant vomited.
The companyplainant was then admitted, in the hospital at Valsad.
On the next day, Mamlatdar, Valsad, recorded the statement of the companyplainant.
As the companyplainant was caught hold of by the accused number2 Chimanbhai Jagabhai, she companyld number shout.
The accused Jayanatibhai advised the companyplainant and also gave some tablets to her to get the child aborted, but as it was number possible, the companyplainant asked the accused Jayantibhai to marry her.
The real cause of the incident was the love affair between the companyplainant Kalaben and accused number1 Jayantibhai as a result of which the companyplainant became pregnant.
Valsad, the appellant accused number1 called the companyplainant Kalaben Jagabhai Patel at Khadi to take money and also told her that he had some work with her.
Initially, he agreed for the same, but then he turned around and did number marry the companyplainant.
But as the accused Jayantibhai was number willing to marry the companyplainant, he tried to kill the companyplainant by administering the poison forcibly.
The trial companyrt placed reliance on the evidence of the witnesses and found the appellant guilty.
Dr. ARIJIT PASAYAT, J. Leave granted.
The accused number 2 caught hold of the companyplainant and thus, companymitted offence of an attempt to murder the companyplainant.
Learned Additional Sessions Judge, Valsad, had recorded the judgment of companyviction and had imposed sentence of five years for the first offence and numberseparate sentence was imposed for latter offence.
On medicine being administered to the companyplainant, she fainted and the accused ran away from the place.
Fine of Rs.500/ with default stipulation was also imposed.
