JUDGMENT

Rajendra Babu, J.-On May 9, 1993 at about 3.30 p.m., when Rajbir (PW 6) was passing in front of the Baithak of the residence of Ram Karan, father of the appellant, he heard the cries of his sister, Sudesh, aged about 15 years and when he went inside the Baithak by scaling over the wall he saw Anil Kumar (now deceased) committing rape of his sister, Sudesh and she was weeping while lying on the ground. Then came Ashok Kumar, the appellant, from the adjoining room with a pistol in his hand asking the witness Rajbir (PW 6) to run away as otherwise he would shoot him. Rajbir (PW 6) raised an alarm upon which several persons in the neighbourhood and his brother Ranbir (PW 4) and his father, Dhanpat, came to the spot. On seeing this, the appellant ran away from the place. Sudesh, sister of Rajbir (PW 6), after putting on her salwar went away as she was feeling ashamed. She was not found in the house when other members of the family looked for her. When they came back to their houses at about 12 midnight, she was vomiting and weeping. On asking her, they came to know that she had consumed aluminium phosphide tablets - which are used for preservation of wheat - in order to put an e