SURESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Justice Gopaldas Khosla, who rose to become the Chief Justice of Punjab High Court after being inducted as a Munsif, was noting in his book "Cases From The Judge's Note Book" that crimes were committed for three 'Zs', that's, Zamin, Zoru(woman)and Zer (Money). His Lordship might have recorded the above reasons for commission of crime in olden times, but that expression has now got widened and amplified as may be found on perusal of the evidence and facts of the present case.

(2.) It was through a petition of complaint filed after eight days of the occurrence, dated 10.06.2003, that the complainant Usha Devi (P.W.3), the third wife of her husband and mother of four children was alleging being gang raped by the three appellants. The lady was complaining that the appellants were always putting their greedy eyes on her in spite of the complainant belonging to a very respectable family. When it was evening time and the lady had lit the lamp in her house and her son was sitting at the Darwaja with the lantern to read and finding her husband away from her house who had gone to Chauk for purchasing required household articles, the three appellants are alleged to have trespassed inside to drag the lady inside a room and to have committed rape upon her after putting her on a Chauki by turn. The description of the act is detailed. It was stated that while the act was under way the son of the complainant, Arjun Yadav (PW-1) finding the three appellants inside put the door chain over its hook, thus, confirming the three appellants inside the same room in which they accomplishing their acts. By that time, the husband of the lady and some other persons also assembled there and they started pondering over the situation as to whether they should report the matter to the officer-in-charge of the outpost and get the three appellants arrested.

(3.) It was stated that while the husband of the lady(P.W.3)and others were pondering over the situation so as to chalk out the course of action, the remaining accused persons, namely, Bishwanath Yadav, Ram Chandra Yadav, Manik Chand Yadav and Ram Nath Yadav came at the Darwaja of the complainant armed with lathi, bhala and garasa and pulled out the door chain upon and freed the three appellants from confinement.