STATE OF BIHAR Vs. AJIT KUMAR

JUDGEMENT

(1.) Govt. Appeal (S.J.) No. 12 of 1989 (R) and Cr. Revision No. 242 of 1989 (R) arise of the same impugned judgment of acquittal, as such, both have been heard together and are being disposed of by this common judgment.

(2.) ALL the sixteen respondents, who are all police personnel, chaukidar, and members of home guards, were charged for the offence under Sections 376(2)(g), 120B, 148, 380, 342, 452, 452, 427 and 323/149 of the Indian Penal Code for committing gang rape on the five ladies of village Pararia and assaulting the villager, wrongfully confining some other villagers of that village and for committing mischief. The learned trial Court by the impugned judgment dated 13.3.1989 acquitted all the accused persons for the charges under Sections 376(2)(g), 120B, 148, 380, 342, and 427 of the Indian Penal Code. Further the trial Court has also acquitted Ajit Kumar (Respondent No. 1), Raj Kumar Yadav (Respondent No. 6), Kistu Turi (Respondent No. 11), Mannu Paswan (Responmdent No. 12), Sita Ram Hazra (Respondent No. 13), Rewa Mirdha (Respondent No. 14), Baiju Paswan (Respondent No. 15) and Feku Rout (Respondent No. 16) for the charges under Sections 323, 342, and 452 of the Indian Penal Code. However, the trial Court guilty held Ramanand Harijan (Respondent No. 2), Ram Kripal Sharma (respondent No. 3), Awadh Kishore Rai (Respondent No. 4), Janardan Mandal (Respondent No. 5), Jeetendra Kumar Sharma (Respondent No. 7), Godawari Mandal (Respondent No. 8), Nunu Ram Yadav (Respondent No. 9) and Bhuneshwar Mandal (Respondent No. 10) for the offence under Sections 323, 342, 448 read with Section 149 of the Indian Penal Code and all of them were sentenced to undergo R.I. for a period of one year for each of the offences under Sections 323, 342. 448 read with Section 149 of the Indian Penal Code. However, the sentences have been ordered to run concurrently.

(3.) ON behalf of the defence 7 witnesses were examined and some documents were also brought on record.