- (1.) All the three appeals have been heard together as they arise out of common judgment, dated 21st of March, 1998 passed by the 3rd Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 170 of 1995 convicting all the nine appellants for the offence under Section 395 of the Indian Penal Code (hereinafter referred to as the 'IPC') and sentenced each of them to undergo rigorous imprisonment for 10 years. All the appellants, except Harihar Rajawar have been also convicted under Section 376, IPC and sentenced to undergo rigorous imprisonment for ten years. However, their sentences have been ordered to run concurrently. Hence, this judgment shall govern all the three appeals.
(2.) The prosecution case in brief is that in the night of 2- 3.6.1994, all the nine accused-persons named in the FIR entered into the house of the informant, Kamarunisha (PW 9) and began to assault her parents. They enquired about the informant's brother Manua. Her parents informed that he has gone to sasural. They entered into the room of the informant after breaking open the door. She was sleeping with her sister Salama. On the identification by appellant Bhariman Yadav, they caught hold of informant Kamarunisha and bodily lifted her and brought to Ghorahi Bagicha, where all the accused-persons except Harihar Rajawar committed rape on her one by one. Thereafter, they brought her to the nearby well and hanged with an intention to kill her. She was crying and begged for mercy. Finally, she was released and allowed to go her home. On the way, she met her parents and several villagers. The informant came to know that all the miscreants have also committed dacoity in her house and looted valuables, including clothes, ornaments, boxes, etc. The parents of the informant told her the names of some of the accused-persons whom they have identified, namely, (1) Bhariman Yadav, (2) Harihar Rajwar, (3) Mangar Paswan, (4) Sribhagwan, (5) Sanjay, (6) Vijoy Ram, (7) Baban Yadav and (8) Balua alias Shankar Yadav. It is further alleged that earlier Shankar Yadav had tried to commit rape on the informant, for which a case was lodged and he was sent to jail custody. This caused them annoyance and it was the motive of the present occurrence.
(3.) The fardbeyan of the informant (PW 3) was recorded by SI, Parasnath Hazara of Akorihi Gola PS on 3.6.1994 at 8.15 a.m. After registering the case, the IO conducted the investigation and submitted the charge-sheet against all the accused-appellants.;