- (1.) All the four appeals arising out of the same case were heard together and are being disposed of by this common judgment.
(2.) The aforesaid appellants were put on trial on the accusation of committing robbery in the house of the informant, Pushpa Kumari (P.W.1) and also for committing gang rape upon the informant's elder sister (deceased) and then committing her murder. The trial court having found all the four appellants guilty for the said charges convicted them for the offence punishable under Ss. 302/34, 376(G) as well as under Sec. 394 of the Indian Penal Code, vide its judgment dated 19.5.2004 and sentenced each of them to undergo imprisonment for life for each of the offences punishable under Sec. 302/34 as well as 376(G) of the Indian Penal Code and further to undergo rigorous imprisonment for 10 years for the offence under Sec. 394 of the Indian Penal Code.
(3.) The case of the prosecution is that in intervening night of 10/11.3.2000 while the informant Pushpa Kumari (P.W.1), aged about 14 years, was sleeping in her house along with her elder sister (deceased) and younger brother Rabindra Keyam (P.W.3) as well as Ranjan Kumar (not examined), 3 -4 miscreants after breaking open latches of the door entered into the room at about 3.30 a.m. to whom they saw in the light of electric bulb. One of them holding knife asked from them about the money kept in the house. Upon it, elder sister (the deceased) told them that they do not keep money in the house. When they tried to raise alarm, miscreants by branding knife asked them not to raise alarm. Thereafter the miscreants made an attempt to break open two boxes but did not succeed. Thereupon they took away the boxes and at the same time, they also forcibly took away the elder sister (the deceased) by saying that they will let her off in front of the house of her uncle. Thereafter the informant and others tried to open the door but they could not do so as it was closed from outside. Thereafter they raised alarm through window, upon which some family members of the uncle of the informant entered into the house by scaling wall to whom they did not speak about the incident as the relationship with the uncle of the informant was not good. In the morning, when the Aunt went outside of the house towards Nala (drainage), she saw her injured. There two boxes were also found but it were broken. The victim was brought to RMCH for treatment. After seeing condition of the victim, they could know that she has been raped.;