Dharam Veer, J. - (1.)THIS criminal appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code of Criminal Procedure) is directed against the judgment and order dated 07 -12 -1989 passed by Sessions Judge, Pauri Garhwal in Sessions Trial No. 26 of 1988, State v. Vinod Kumar alias Binnu and Ors. whereby the learned Sessions Judge has convicted Appellants Vinod Kumar alias Vinod Buchar and Mumtaz Buchar under Sections 366, 368 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as I.P.C.) and awarded sentence for four years' R.I. under Section 366 I.P.C, four years' R.I. under Section 368 I.P.C. and four years' R.I. under Section 376 I.P.C. to each of the Appellants and it has been directed that all the sentences of both the accused shall run concurrently and accused Vinod Kumar alias Binnu has been acquitted for the offence punishable under Sections 368 and 376 I.P.C.
(2.)LEARNED C.J.M., Pauri Garhwal has submitted a report dated 18 -05 -2006 that Appellant Vinod Kumar alias Vinod Buchar died. Hence, the appeal against Appellant Vinod Kumar alias Vinod Buchar stands abated.
In brief, the prosecution case is that complainant Gama Das lodged an F.I.R. at Patwari Circle Padulsyu -3, Buakhal with the averment that Smt. Sarojni Devi had come to his house and she stayed there in the light. Next day morning i.e. 07 -11 -1987, she had taken his daughter -in -law Pushpa Devi to village Bhainsora and Pushpa Devi could not come back to his house up to two to three days. On 11 -11 -1987 Sarojni Devi met his wife (wife of the complainant) and she had told her that on 09 -11 -1987 Vinod Buchar had met them in the way when they were coming back to their house and asked Sarojni Devi that he had called a proficient Vaidhya (Doctor) for her treatment then he and Pushpa Devi had gone along with Vinod Buchar by bus to Pauri and Vinod Buchar took her and Puchpa Devi to Kandoliya in the house of one Daya Ram Buchar where they 'were kept in the night. Vinod Buchar kept Pushpa Devi with him and Daya Ram kept Sarojni Devi with him in that night. In the morning of 10 -11 -1987 Vinod Buchar went along with Pushpa and she was remained in the house of Daya Ram and in the night Daya Ram committed rape with her. He has further stated that his daughter -in -law Pushpa Devi had gone along with the clothes and ornaments. With the same averments the F.I.R. was lodged on 12 -11 -1987 at 9.00 AM while the distance between the place of occurrence and the office of Patwari has been shown three kilometers, that F.I.R. is Ex.Ka -1 and on the basis of this F.I.R., the Chik F.I.R. was prepared by the Patwari (in the rural areas of hill Districts of Uttarakhand the Patwaris are vested with the police powers), that Chik F.I.R. is Ex.Ka -2. The entry was made in the G.D., the copy of G.D. is Ex.Ka -3. During the course of investigation, the Patwari (Investigating Officer) recorded the statements of the witnesses and the victims and also inspected the place of occurrence and prepared a site plan, i.e. Ex.Ka -4. Sarojni Devi was given in the Supurdagi of his brother Virendra Lal and Supurdaginama was prepared, i.e. Ex.Ka -5. The petticoat of Sarojni Devi was also taken into possession and Fard was prepared, that Fard is Ex.Ka -6. He has also prepared a site plan of the house of accused Vinod Kumar alias Binnu, i.e. Ex.Ka -8. Victim Sarojni Devi was medically examined by the Medical Officer, Female Hospital, Pauri Garhwal on 13 -11 -1987 and medical report was prepared by the Medical Officer, i.e. Ex.Ka -10. Smt. Pushpa Devi was also medically examined by the Medical Officer, Female Hospital, Pauri Garhwal on 21 -11 -1987 and the medical report was prepared, i.e. Ex.Ka -11 After completing the investigation, the Patwari submitted the charge sheet against the present Appellants and co -accused Vinod Kumar alias Binnu, who has been acquitted by the trial court. That charge sheet is Ex.Ka -9.

(3.)LEARNED Munsif Magistrate, Pauri Garhwal committed the case to the Court of Session on 01 -09 -1988 under Section 209 Code of Criminal Procedure after complying the provisions of Section 207 Code of Criminal Procedure.
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