MD NEHAL MIAN Vs. STATE OF INDIA

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 19.4.1996 passed by the 1st Additional Sessions Judge, Jamui in Sessions Trial No. 603 of 1989 convicting the appellant No. 1, Md. Nehal Mian under Sections 376 and 323 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentenced him to undergo RI for seven years under Sec. 376 of the I.P.C. but no sentence was awarded for the offence under Sec. 323 of the I.P.C. Appellant Nos. 2 and 3, namely, Md. Balal and Md. Bashir Mian were convicted for the offence under Secs. 325 and 323 respectively and were sentenced to two years RI and one months SI.

(2.) THE Prosecution case in brief is that on 29.4.1989 at about 6.00 p.m. the informant Pabia Devi (PW -6) was in her house alone and her husband Birchha Manjhi had gone to his sisters village Sikandfa. At that time, accused Nehal Mian arrived inside her house and pushed her on the floor and committed sexual intercourse with her forcibly. The informant raised alarm on which several persons including the family members arrived and accused fled away. It is further alleged that after some time other two accused, namely, Balal Mian along with his father Bashir Mian came there and they assaulted Rohi Manjhi, Ganesh Manjhi, Kari Devi, Marni Devi and Keli Manjhi with lathi. It is further alleged that informant and other injured witnesses were brought to Janrui hospital where they were examined by the Doctor. On the fardbeyan of the informant, the case was registered and after investigation charge sheet: submitted and after commitment the trial proceeded in the Court below.

(3.) THE case of the defence is that they have been falsely implicated in this case at the instigation of one Mehmood Mian.