RAMESH UMESH TANTI, Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE appeals are directed against the judgment of conviction and order of sentence dated 27.3.2000 passed by Sri Ram Prabodh Singh, 1 Additional Sessions Judge, Chaibasa in Sessions Trial No. 244 of 1997, who found the appellant, Ramesh Umesh Tanti @ Ramesh Chandra Das in Cr. Appeal No. 123 of 2000 guilty under Section 376 of the Indian Penal and sentenced him to undergo R.I. for 10 years. He also found guilty under Section 120B of the Indian Penal Code and sentenced him to undergo R.I. for further 10 years and also found and further R.I. for 1 (one) year under Section 448 of the Indian Penal Code and to pay a fine of Rs. 4000/ -, in default of payment of fine the appellant is further sentenced to undergo R.I. for one year. The other two appellants, Gaurango Tanti and Onamo Tanti (in Cr. Appeal No. 185 of 2000) have been found guilty under Section 120B of the Indian Penal Code and sentenced him to undergo R.I. for 10 years and to pay a fine of Rs. 4,000/ - each and default of payment of fine the appellants are further sentenced to undergo R.I. for one year.

(2.) SINCE both the appeals arise out of the same judgment and conviction and sentence dated 27th March, 2000, hence both the appeals were heard together.

(3.) IT is submitted by the learned Counsel for the appellants, Gaurango Tanti and Onamo Tanti that there is absolutely no evidence that these two appellants had made any conspiracy with the main accused, Ramesh Umesh Tanti @ Ramesh Chandra Das for committing the rape upon the victim girl. It will appear that since the mother of the victim girl had asked them to look after the victim girl, hence they came only to inquire about her, but suddenly the accused came with a dagger upon which they fled away and there is no evidence of any meeting of mind in between the accused, Gaurango Tanti and Onamo Tanti and Ramesh Umesh Tanti @ Ramesh Chandra Das and as such their conviction under Section 120B of the Indian Penal Code is bad in law and fit to be set aside.