Case of the prosecution is that on the night intervening 24th /25th of May, 1998, while Girdhari had gone to the farm of his employer for driving the Tractor and other family members were asleep in his house, at 02.00 mid night, the accused persons with a view to kidnap Parubai PW 3 , arrived, armed with weapons like Dharia, Falia and Lathi and started assaulting Setulbai, Mishribai, Mohan and Sunderlal.
As a result of the deadly assault, Mishribai succumbed to the injuries on the spot, Sunderlal PW 6 sustained a fracture in his hand, Mohan PW 1 sustained injury on his head and both shoulders and Setulbai PW 5 also sustained two incised wounds and two lacerated wounds,.
Parubai PW 3 had following injuries Swelling on right temporal, chin margins tender size 1 x 1 Abrasion with swelling anterior left side of knee 1 x 1 On internal examination there was an older tear of hymen 10, 6, 1 Oclock margins tender in the region and vaginal slide was prepared for further investigation.
She was companyplaining of pain.
Prosecutrix was recovered by the police after 4 5 days of the incident.
She, therefore, opined that though there was evidence that sexual intercourse had taken place with the prosecutrix, it companyld number be stated with any exactitude whether she was subjected to recent intercourse.
Accordingly, First Information Report FIR was lodged by Mohan PW 1 and the accused were apprehended.
In her internal examination, she found that her hymen was torn at 1, 6 and 10 Oclock position and the vulva had signs of injuries, but there was numbertenderness.
Though in the FIR only Gul Singh was named, in the statement of Sunder Lal PW 6 to the police all other accused were immediately named.
Fracture was also found on the hand of Sunder Lal PW 6 .
Considering the evidence of injured witnesses, Sunder Lal PW 6 , Mohan PW 1 , Setulbai PW 5 and Parubai PW 3 and other companyroborating evidence, the companyrts below have companyvicted and sentenced the appellants.
Thereafter the accused persons dragged away Parubai PW 3 .
After investigation, the accused was sent up for trial.
Later, she was subjected to rape.
There was also an abrasion on the left side of the knee measuring 1 x 1 and swelling.
She was also medically examined by Dr. Alka Verma PW 18 who found an injury on the right side of her head which was a companytusion 1 x 1.
over the occipital region.
