JUDGMENT

V.S. SIRPURKAR, J.

1. Leave granted.

2. This appeal is filed by one of the accused persons who was convicted for commission of offences under Sections 376 (2)(g), 506, read with Sections 149 and 148 of the Indian Penal Code. Initially as many as six accused persons came to be tried under Sections 376 (2)(g), 506 read with Sections 149 and 148 IPC before the Sessions Court on the allegation that on the night intervening 5th and 6th February, 1999 at Village Rajapur they committed gang-rape on Smt. Nirmala Devi, wife of Lal Chand. It was further alleged that the accused persons formed an unlawful assembly and in prosecution of common object of such assembly they also criminally intimidated said Nirmala and had also committed the offence of rioting. The Sessions Judge convicted all the accused persons and sentenced Veer Bhan (A-1), Ajmer Singh (A-3) and Ramesh (A-4) for the offence under Section 376 (2)(g) IPC and came to the conclusion that these three accused persons had gang-raped Nirmala, the prosecutrix. They were accordingly sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each and in default of p