- (1.) AT the outset it is submitted by Mr. Sahani that the revision has abated against the petitioner No. 1 Gopal Mahatha as he has already died in the year 2002. Accordingly this revision is held to have been abated against the petitioner No. 1 Gopal Mahatha.
(2.) THIS revision application is directed against the judgment dated 9th April, 1996, passed by the learned Sessions Judge, Bokaro at Chas, in Criminal Appeal No. 84 of 1995, whereby and whereunder, the appeal preferred by the petitioners against the judgment of the trial Court dated 31st July, 1995, passed by the learned 1st Assistant Sessions Judge, Bokaro at Chas, in Sessions Trial No. 186 of 1988, convicting the accused persons for the offence under Section 376, IPC and sentencing them to undergo RI for five years each has been dismissed. The prosecution case, in short, is that on 28.4.1987 the informant Parvi Manjhian (PW -1) along with her Bhabhi Waha Muni Manjhiain (PW -2) was returning to her house from Digwadih where she used to work, after finishing her work at about 5.30 p.m. At about 7.00 p.m. when they reached near Ropeway line of Coal Board, situated towards south of the village Manpur the petitioner No. 2, Raj Kumar Thakur, came from behind and after lifting the informant, proceeded in forest, situated east from the Jharna forest. The informant raised alarm and her Bhabhi also tried to rescue the informant but petitioner No. 2 gave a blow to the Bhabhi of the informant, as a result of which she fell Amitabh Choudhary Versus State Of Jharkhand down and in the meantime, petitioner No. 1, who is now dead, namely Gopal Mahatha, who was hiding behind the bushes came out and gave threatening to the informant to keep quiet otherwise she would be killed. At that time there was none who could have come for helping the informant. The Bhabhi of the informant left the place weepingly and thereafter both the accused took the informant in the bushes and the informant struggled for rescue. The petitioner after taking her in the bushes committed rape on her and at that point of time other petitioner No. 1 Gopal Mahatha who is now dead caught hold of her both hands. Thereafter the, petitioner No. 1 also committed rape on the victim and at that time the petitioner No. 2 had caught hold of her hands.
(3.) ALTOGETHER six witness were examined by the prosecution including the Doctor (PW 4) who had medically examined the victim. From the impugned judgment of the trial Court as well as the appellate Court I find that both the Courts below have elaborately discussed and considered oral as well as documentary evidences, adduced on behalf of the prosecution and then has come to the finding that the charges against the accused were proved beyond all reasonable doubts.;