MOTI LAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. The aforenoted three appellants were tried in S. T. Nos. 463 and 1980 or charges under sections 451, 376 and 323 I. P. C and the VII-Ith Addl. Sessions Judge, Allahabad by Judgment and order dated 23. 3. 1982 found them guilty under section 451 I. P. C. and sentenced appellant Moti Lal under section 376 I. P. C. with two years rigorous imprisonment plus fine Rs. 200/-, in default, 3 months further imprisonment. He also found guilty appellant Moti Lal under section 376 IPC and sentenced him with 5 years rigorous imprisonment. Appellants Bhullar Yadav and Kallar were also found guilty under section 323 IPC and the Trial Sessions Judge released them on probation under section 4 of U. P. First Offenders Probation Act, for both the offences.

(2.) THAT is how the two appeals, which have been consolidated for hearing and are being decided by one judgment.

(3.) THE investigation of the case was assigned to P. W. 4 S. O. Sri Sukhram Sonkar, who went to the spot, prepared site plan, Ext. Ka-5 and recorded the statement of the prosecutrix and other witnesses under section 161 Cr. P. C.