ASHARFI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri S.C. Tiwari and Sri V.S. Singh, Advocates, appearing for the appellants, learned A.G.A. for the State, and perused the record.

(2.) This criminal appeal challenges the judgement and order dated 30.11.2007 passed by Additional Session Judge, Court No. 2, Mahoba in Special Case No. 76 of 1996, (arising out of Case Crime No. 331 of 1995) under sections 450, 376 (2) G/323 IPC and under section 3 (2) (v) of SC/ST Act, Police Station-Charkhari, District-Mahoba, convicting the appellants to undergo five year R.I. with fine of Rs.5,000/- under section 450 I.P.C. in default of payment of fine one year further imprisonment, to undergo one year R.I. with fine of Rs.500/- under section 323/34 I.P.C. in default of payment of fine one month further imprisonment, to undergo 10 years R.I. with fine of Rs.8,000/- under section 376 (2) G IPC in default of payment of fine one and half year further imprisonment and to undergo life imprisonment with fine of Rs.10,000/- under section 3 (2) (v) of S.C./S.T. Act in default of payment of fine two years further imprisonment to each appellants.

(3.) The facts culled out from the record are that a written report dated 09.12.1995 was submitted to the S.H.O., Police Station-Charkhari by the complainant-Brij Lal son of Balram, R/O Village-Riwai, P.S.-Charkhari, District-Mahoba, inter alia that in the previous night he along with his wife were sleeping in their house. At about 12.00 P.M., accused-Asharfi son of Kandhi Lal and Udaibhan son of Raja Ram Yadav, came to his house and shouted to open the door. On their refusal, the accused persons after forcibly opening the door entered inside the house, raped his wife one by one while he was kept away on the point of country made pistol. On raising hue and cry, Baghraj son of Phool Chand and Rassu son of Mukunda both R/O Village-Riwai came there and challenged the accused persons. On this, the accused persons ran away giving threat that in case report is lodged, they will be killed.