MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Three appellants, namely, Mangi Lal, Banwari Lal and Hukam Singh have preferred separate appeals against the judgment and order dated 24-6-1999 passed by the learned Additional Sessions Judge Bandikui, District Dausa, whereby the learned Additional Sessions Judge has convicted the accused appellants under S. 376(2) IPC and sentenced each of them to undergo 10 years rigorous imprisonment, with a fine of Rs. 15000.00 each, in default thereof, each was ordered to undergo three months imprisonment. Appellant Hukam Singh was further convicted under S. 392, IPC and was sentenced to undergo rigorous imprisonment for one year with a fine of Rs. 1000.00, in default thereof, to further undergo imprisonment for one month. The sentences awarded to accused Hukam Singh were ordered to run concurrently. Since all the three appeals arise out of the same judgment, they are being heard and decided by a common judgment.

(2.) Briefly stated the facts of the prosecution case are that on 28-8-1996 complainant Pappu, PW. 2 submitted a written report, Ex. P1 at Police Station Mandawar with the allegation that on 27-8-96 at 8.00 p.m., he along with his wife had come to his inlaws in village Pakhar Chauraki from Delhi. At about 8.00 p.m. while he and his wife were going on foot to the Dhani of his father-in-law and soon they reached near a field situated ahead Khara-Kua, he found the accused appellants consuming liquor at the field. The accused first gave him beating and then Banwari and Mangilal caught hold of him and threatened him to kill on his raising hue and cry. He then alleged that accused Hukam Singh took his wife to some distance and started commiting rape on her. Thereafter Mangilal and Banwari committed rape on her by turn. After committing rape, the accused snatched Rs. 850.00 from his pocket and a HMT Kohinoor watch. They also took away a golden 'Janter' from the neck of his wife. The accused threatened them not to disclose the incident to any one, else they will kill them. Thereafter he alongwith his wife went to his inlaws in the Dhani, where he disclosed the incident to his father-in-law and other residents of Dhani.

(3.) On the basis of above written report, police registered a criminal case under S.376 and 379, IPC against the appellants vide FIR Ex. P4 and proceeded to investigate the case.