DAYAL CHARAN Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal No. 968 of 1979 also.

(2.) The Second Additional Sessions Jabalpur, vide his judgment dated 20.9.1979 passed in Sessions Trial No. 134 of 1979 convicted five persons namely Yunus Anthony alias Innoo, Dayal Charan, Denial alias Dannu, Narayan Swami alias Hauna and Mangloo alias Babbu, under section 366 of the Indian Penal Code and sentenced them each to rigorous imprisonment for five years. In addition, he convicted four of them, namely, Yunus Anthony, Dayal Charan, Denial and Narayan Swami under section 376 of the Indian Penal Code and sentenced them each to rigorous imprisonment for seven years. It was ordered by him that the sentence awarded to the accused-appellants would run concurrently. This appeal by accused-appellants Dayal Charan, Narayan Swami and Mangloo is directed against their convictions and sentences. Criminal Appeal No. 968 of 1979 is by accused appellants Yunus Anthony and Denial and the same is directed against their above-said convictions and sentences.

(3.) The prosecutrix Durgabai alias Chandabai (P.W. 11), was aged about 20 years on the date of the incident. It was stated that she lived along with her husband Baijnath (P.W. 14) and brother Bharatlal (not examined) in, a house situated near an important junction of roads called Nagrath Chouraha in the city of Jabalpur. One Noorjahan (P.W. 6) aged about 22 years, was employed by the prosecutrix as a domestic servant. She lived in a house situated not for off from the house of the prosecutrix.