VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been preferred by the appellants named above against the impugned judgment and order dated 30.06.1990 passed in Sessions Case No. 59 of 1989/128 of 1989 by Shri Arun Chandra Das, 3rd Additional Sessions Judge, Dumka whereby and whereunder all the appellants aforesaid were found guilty for the offence punishable under Section 395 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for five years each and further all the appellants except appellant Jitendra Nath Das were further found guilty for the offence under Section 376 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for seven years each. However, the sentences were ordered to run concurrenlty.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 6) of P.W. 9 Malindo Kisku, the informant, recorded by A.S.I., Anandi Paswan at the house of P.W. 5 Kartik Hansda in village Bagjogra (Lathipara) P.S. Raneshwar, District Dumka regarding an occurrence which is said to have taken place on 11.04.1988 between 22 hours and 23 hours said to have taken place in the said house and in the said occurrence dacoity was committed in the house of P.W. 5 and P.W. 8. Meeru Hansda, the wife of the informant, is said to have been ravished by the dacoits. On the basis of the said fardbeyan a case was instituted against unknown persons under Sections 395 and 376 of the Indian Penal Code by drawing of the formal F.I.R. on 12.04.1988 at 8.30 hours which was received in the court empowered to take cognizance on 14.04.1988. The prosecution case, in brief, is that the informant was sleeping in the courtyard of the said house along with his wife P.W. 8 Meeru Hansda besides his brother -in -law P.W. 5 Kartik Hansda and his Saali and the exit of the house was closed by "Tati" and all of a sudden the dacoits entered inside the house and they pointed daggers on them and intimidated them not to raise alarms and the dacoits were in all ten in number and two of the dacoits remained standing near him and three dacoits did not allow P.W. 5 to get up and rest of the dacoits removed household effects of the house P.W. 5 and kept those articles in the courtyard and, thereafter, four dacoits dragged P.W. 8 Meeru Hansda from the courtyard and took her inside the room where they had removed her petticoat and felled her forcibly on the ground and ravished her and, thereafter, other five dacoits who were in the courtyard went inside the said room and they all had ravished P.W. 8 and, thereafter, they fled away carrying the looted articles which included cash, ornament, untensils, including one aluminium Dekchi, rice and paddy. It is also alleged that on query P.W. 8 had disclosed to the informant that she has been ravished by the dacoits and the dacoits belong to village Kawadumra, Bedela and Rajnagar as she has happened to see them while coming to her parent 'shouse from village Keronaza where she was earlier married. The prosecution case further is that a Dhibri was burning inside the house and the informant and others had seen the dacoits in the fight of the said Dhibri and they can identify the dacoits.
(3.) ON the basis of the said fardbeyan, the case against unknown accused persons were instituted and in course of investigation some of the dacoits were apprehended and they were put on Test Identification Parade in which all the appellants have been indentified by P.W. 8 Meeru Hansda in the Test Identification Parade conducted by P.W. 3 and P.W. 4, both Judicial Magistrates, then posted at Dumka and P.W. 9, the informant has also claimed to have identified appellant Sanat Dhakaro and Nemani Dhakaro. One aluminium dekchi was also recovered in course of investigation from the house of absconding accused Nemani Dhakaro which was also put on Test Identification Parade conducted by P.W. 2, the then C.O. Raneshwar which was identified by P.W 9, P.W.8 and P.W. 5 besides one Jasla Hansda.;