P.K.Biswas, J. - (1.) These three appeals were directed against the judgment of conviction and sentence passed against these appellants by Sri M.K. Sengupta, Additional Sessions Judge, 5th Court, Alipore on 3.9.93 and 4.9.93 respectively in connection with Sessions Trial No. 1(1) of 1993/Sessions Case No. 23(77) of 1992 arising out of Phool Bagan P.S. Case No. 108 dated 23.9.92 (G.R. Case No. 2081 of 1992), whereby the learned trial Judge was pleased to pass an order of conviction against the appellant, Nil Kamal Ghosh under section 376 of IPC as also under section 366 of IPC and also pleased to sentence him to suffer Life Imprisonment for the aforesaid offence under section 376 of IPC and again pleased to sentence him to suffer rigorous imprisonment for 6 years and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for 5 months for the offence under section 366 of IPC and also passed orders that both the sentences shall run concurrently.
(2.) The learned trial Judge was also pleased to sentence the other two appellants namely Bhola Nath Ojha and Sanatan Murmu to suffer rigorous imprisonment for 6 years each and to pay a fine of Rs. 1000/- each in default to suffer rigorous imprisonment for 5 months for the offence under section 366 IPC.
(3.) Briefly stated the prosecution case as mainly emerged from the recital contained in the FIR lodged by Nehar Banu, is as under:;