PAWAL KERKETTA; PAWAL KERKETTA AND OTHERS; HITLER KHARIA @ HITLER KERKETTA AND OTHERS Vs. STATE OF BIHAR; STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal Nos. 75/97(R) and 107/97(R), which arise out of the common judgment in S.T. No. 236 of 1996 passed by Sri K.K. Choubey, Assistant Sessions Judge, Simdega have been heard together and are being disposed of by this common judgment.

(2.) There are 10 appellants in Cr. Appeal No. 75/97(R), whereas Cr. Appeal No. 107/97(R) has been preferred by four convicts. All the appellants have been convicted under Sections 376, 341 and 323, IPC and each of them has been sentenced to rigorous imprisonment for ten years under Section 376, IPC, simple imprisonment for one year under Section 341, IPC and simple imprisonment for six months under Section 323, IPC by the impugned judgment and order dated 21.3.1997 in the aforesaid S.T. No. 231/96 passed by the trial Court. However, the sentences of imprisonment have been directed to run separately. Besides, a fine of Rs. 20,000/- has been imposed on each convict out of which sum of Rs. 15,000/- realised from each convict is to be paid as compensation to Sura Sagen Kandulna, the victim girl.

(3.) The prosecution case as laid at the trial is as under :