- (1.) HEARD learned counsel for the appellants and learned A.G.A.
(2.) THIS criminal appeal has been preferred against the judgment and conviction dated 20.9.1989 passed by Second Addl. Assistant Sessions Judge, Sultanpur in Sessions Trial No.309 of 1988 whereby the appellants have been convicted under Section 457 IPC for three years' RI along with fine of Rs.250/ - to each; they have been convicted under Section 366/34 IPC for a period of five years' RI along with fine of Rs.250/ - to each and under Section 376/34 IPC, the appellants have been convicted for a period of ten years' RI along with fine of Rs.500/ - to each. In default to deposit the fine, each of the appellants was required to undergo further rigorous imprisonment of three months, three months and six months. It was further ordered that if the amount of fine is realised, the same shall be paid to Smt. Shyamkali alias Bittan Devi.
(3.) DURING pendency of the appeal, appellant no.1 -Hari Karan Singh, appellant no.2 -Sheo Shankar Singh and appellant no.4 -Indra Bali Singh alias Jokhu Singh had died and appeal has abated on their behalf. Prosecution case as disclosed in the FIR is that in the preceding night after taking meal, the prosecutrix and her brother -in -law (Devar) Shiv Narayan were sleeping in the courtyard of their new house. Lantern was lit in the courtyard. At about 1:00 a.m. in the night, Hari Karan Singh, Shiv Shankar Singh, Ram Janam Singh of her village and one more person along with them came inside the house and they threatened the prosecutrix and thereafter, took her away near Talab where all the four persons committed rape upon her one by one and on account of fear her brother -in -law (Devar) could not speak anything. On the aforesaid allegations, FIR under Section 376 IPC was lodged. Thereafter, I.O. investigated the offence.;