HARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ALL these appeals arise out of the same judgment dated 29 -8 -1984, passed by the IInd Additional Sessions Judge, Shajanpur, in Sessions Trial No. 68 of 1984, thereby convicting and sentencing the appellants under Sections 376/109, IPC and Section 376, IPC to undergo rigorous imprisonment for ten years for each offence respectively. These appeals were heard together and are being decided by a common judgment. This judgment shall govern disposal of all these appeals.

(2.) SO far as Criminal Appeal No.8 of 1985, filed by the appellant Devchand is concerned, as the appellant Devchand s/o Narayan died during the pendency of the appeal, by order dated 12 -4 -1988, it was dismissed as infructuous. Shri Trivedi learned counsel appearing for the appellant, however, submitted that the stigma of the charge leveled against the deceased -appellant Devchand, on merits is not sustainable. It was for this reason that this appeal was also beard on merits.

(3.) APPELLANT Kailash s/o Kaniram and Hari s/o Nanuram were charged under Section 376, IPC for committing rape on Banobi, and also under Section 109, IPC for abetting each other in commission of rape. Appellant Kailash s/o Balmukund and Devchand were also similarly charged committing rape on Bano -bi.