MITHILESH CHAUHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals arise out of common judgment of conviction and sentence under Sec. 376/34 and 302/34 of the IPC. They have been heard together and will be disposed of by the common judgment.

(2.) Informant of the case is the daughter of the deceased. As per the fardbeyan recorded on 27/5/2000, her mother (victim lady) was deserted by her father. Consequently, she came back to her native village- Ghanghari where she was kept by one Raghuvir Singh as his wife. In order to prevent any conception of child, she was operated upon. Father of informant died few years later and the victim lady was maintained by Raghuvir Singh.

(3.) On 17/4/2000, Raghuvir Singh, Sunil Choubey (appellant), Mithilesh Chouhan (appellant), Satayendra Das, Basant Das, Minku Das and Mannu Singh had chicken and drinks in his house. Her mother also had food and drinks and all returned to their home. It is alleged that Raghuvir Singh sent Sunil Choubey, Mithilesh Chouhan and Dayanand Sao who took her away about 50 yards west from her house and committed rape and murder. They threatened her for not disclosing the incidence which she had seen from courtyard.