BHURA AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants against the judgment and order dated 2.9.1982 passed by II Additional Sessions Judge, Bulandshahr in S. T. No. 415 of 1980,State Vs. Bhura and another, under Sections 302/34 and 376 of the Indian Penal Code (in short "the IPC"), Police Station Chatari, District Bulandshahr whereby the accused appellants have been convicted under Section 302/34 IPC and sentenced to undergo for life imprisonment. The appellant no. 1, Bhura was further held guilty under section 376 I.P.C. and was sentenced to undergo seven years R.I. Appellant no. 2, Lokesh has also been held guilty of the charge under section 376 I.P.C. read with section 34 I.P.C. and was sentenced to undergo seven years R.I. Under section 376/34 I.P.C.

(2.) The prosecution story, in nutshell, is as follows:-

(3.) On 5.8.1979, one Nem Singh, husband of the deceased (Tarawati) lodged an F.I.R. ( Ext. Ka-3) at the Police Station concerned alleging therein that on 5.8.1979 while he was sitting out side his house, his wife (deceased) resident of village Sultanpur Biloni left the house in the afternoon in order to scrape grass. After a little while the informant along with his brother Ram Singh and two labourers namely Kangali and Komal Singh proceeded to their agricultural field for weeding grass. When they were passing through the field of one Ranvir Singh, they heard the shrieks emanating from there. Hearing this, the complainant and the witnesses who were accompanying him rushed to the field. They had hardly proceeded a few steps into the field when they saw accused Bhura committing rape on the deceased Tarawati while co-accused Lokesh was pressing both her hands with his knees and had also stuffed cloth into her mouth. As soon as the complainant reached near the place of occurrence both the accused fled away from the scene hurriedly picking up their Tehmads lying there. Blood was oozing out from the nostrils of Tarawati. She had died on the spot. She was at that time carrying an eight months' foetus in her womb. After hearing the hue and cry a number of villagers rushed to the spot.