TIKESHWAR MURMU & ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appeals arise of the same impugned judgment and as such they were taken up together for hearing and are being disposed of by this common judgment.

(2.) All the three appellants were charged for the offence under Sections 376, 341, 109 IPC for committing gang-rape on Parvati Marandai (PW.6). The learned trial Court i.e. the 3rd Additional Sessions Judge, F.T.C., Jamtara, in Sessions Case No.52 of 1991, found all the three appellants guilty and thereby convicted them for the offence under Section 376(g) of the Indian Penal Code and also under Section 341 of the IPC and sentenced them to undergo R.J. for a period of eight years each for the offence under Section 376(g) IPC. However, no separate sentence was awarded for the offence under Section 341 IPC.

(3.) The case was instituted on the basis of fardebyan of the prosecutrix PW.6 Parvati Marandai. In her fardbeyan she alleged that on 28.6.1988 at about 2.30 p.m., she had gone to Barugoria river for cleaning her clothes. While she was cleaning her clothes, the three accused persons (the present appellants) came there and asked for soap from her which she refused. Thereafter, it is said, she was dragged towards the river side and she was thrown on the river-sand and, thereafter, all the three accused-appellants committed rape forcibly on her one after another. She also tried to raise halla, but her mouth was gagged and she was also given threats by the accused persons. It was further stated by her in the fardbeyan that the said occurrence was witnessed by the wife of Doman Dhobi i.e. Shanti Devi (PW.1) and her niece Aathe Kumari (PW.2). The defence of the appellants was total denial of the occurrence and of false implication.