BIHARI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. App. No. 367/ 2000 filed on behalf of Bihari Sharma, Madan Teli @ Madan Sah, Sudama Sharma and Shivjee Mahto and Cr. App. No. 409/2000 filed on behalf of Sheoloch Yadav arise out of one and the same judgment and order, dated 20.9.2000 and 22.9.2000 passed by Sri Mungeshwar Sahoo, 4th Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 202/86 whereby and whereunder he convicted the appellant Sheoloch Yadav under Section 376, IPC (hereinafter referred to as 'the Code') and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months and convicted the other four appellants under Section 376 readwith Section 109 of the Code and sentenced each of them to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- and iri default of payment of fine to undergo rigorous imprisonment for a further period of six months. The amount of fine, if realised having been ordered to be paid to the victim (prosecutrix) Kalawati Devi and hence they have been heard together and they are going to be disposed of by this common judgment.

(2.) It would be relevant and convenient to reproduce in brief the fact of the case. The victim informant Kalawati Devi (PW 1) was in the night on 3.9.1985 sleeping in her house. Her husband Jawahar Sharma (PW 4) has left his house for his sasural in the morning to bring his wife, the informant from there. However, the informant set-out from her maternal house before her husband reached there and she came to her matrimonial house. While she alongwith her step-son Vijay Kumar Sharma (PW 3), aged about 10 years, was sleeping on the same cot, appellant Sheoloch Yadav entered into her house and started committing rape on her. The victim (PW 1) was under the impression that her husband (PW 4) had returned from his sasural and slept with her. She attempted to get up to serve some food to him whereupon she was pressed in the cot and then PW 1 detected that it was the appellant Sheoloch Yadav and not her husband who laid down with her on the cot. He committed rape on her. On protest being made by PW 1 appellant Sheoloch Yadav brandished and pointed a dagger and threatened her to be killed if she raised alarm. In the meanwhile, the other appellants, one of them Bihari Sharma having a gun, entered into the room and they caught hold of her legs and shut her mouth. Appellant Sheoloch Yadav alone ravished her. The victim's son Vijay Kumar Sharma (PW 3) wokeup and raised alarm whereafter all the appellants fled away.

(3.) The victim's husband Jawahar Sharma (PW 4) returned to his house on the next day. PW 1 narrated her sordid and awful tale to her husband. Thereafter, a village panchayati was convened and it was held on the next day. The panches were said to have held that the appellants Sheoloch Yadav, Madan Teli and Shivji Mahto were guilty and it advised the informant and her husband to lodge a case in the police station. Thereafter the informant (PW 1) alongwith her husband went to the police station and got her statement recorded, on the basis of which an FIR was lodged and Tiar PS Case No. 24/85 was registered. Investigation started and after investigation charge-sheet was submitted and finally the trial commenced after commitment.