BASANT SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

(2.) BOTH the appellants have preferred this appeal against their conviction for the offences under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs. 500/ - (five hundred) each, in default, further to undergo simple imprisonment for one year, as awarded by learned 7th Additional Sessions Judge, Saran at Chapra, on 22nd April 2002, in Session Trial No. 166/2000 arising out of Chapra Mufassil (Jalalpur) P.S. Case No. 80/99.

(3.) ALL the four miscreants were put on trial for the offences under Sections 376/34 of the Indian Penal Code (in fact under law under Section 376(2)(g) of the Indian Penal Code) and to substantiate the charges prosecution besides producing documentary evidence examined altogether 7 witnesses. Exhibit 1 ­ Death Certificate Exhibit 2 ­ Signature of Shambhu Prasad on First Information Report Exhibit 3 ­ Injury report Exhibit 4 ­ Seizure list Exhibit 5 ­ Formal F.I.R.