DHINA RAM AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Dhina Ram @ Dina Ram and Tufani Nonia have preferred instant appeal against the judgment of conviction and sentence dated 02.08.2002 passed by Sri Rama Nand Sharma, Addl. Sessions Judge (FTC No.2), Kaimur at Bhabhua in Sessions Trial No.53/254 of 1989/2002 convicting both the appellants under Section 376 IPC and directed each of them to undergo RI for seven years, under Section 457 IPC and directed each of them to undergo RI for three years, Tufani Nonia independently, under Section 323 IPC and sentenced to undergo RI for six months with a further direction to run the sentences concurrently.

(2.) Kashmira Devi (PW-3) lodged First Information Report on 30.04.1987 at 5:00 p.m. at Bhabhua PS alleging inter alia that in the preceding night while she along with her children was sleeping in her house, got awaken after hearing sound of rattling and had seen two persons. She flashed torch and inquired therefrom as to why they had come. Over which, Dhina Ram scolded and threw her on the ground, lifted her Sari and Saya and indulged in sexual activity, when she raised alarm, however was prevented by gagging her mouth. Tufani Nonia caught hold her leg. Dhina Ram succeeded in raping her. Then thereafter, he got down followed by Tufani Nonia who also committed rape. Getting scared, she raised alarm whereupon, Tufani gave iron rod blow over his left elbow. On account of hue and cry raised by her, her daughter Savitri Kumari awoke who had seen the occurrence. Neighbours also arrived whereupon they both escaped therefrom.

(3.) After registration of Bhabhua P.S. Case No. 84/87, investigation commenced and concluding the same, charge-sheet was submitted whereupon trial commenced and concluded in a manner, the subject matter of the instant appeal.