JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in these appeals is to the judgment of a Division bench of the Rajasthan High Court at Jodhpur allowing the appeal filed by the respondents. Learned Additional Sessions Judge (Fast Track Court), Anoopgarh, Sriganganagar Rajasthan had convicted the respondents for offences punishable under Sections 376 (2)(g), 302 read with Section 34, 201 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC'). For the offence relatable to Section 372(2)(g) each was sentenced to undergo for rigorous imprisonment for 10 years, for the offence relatable to Section 302 read with Section 34 to life imprisonment and for the offence relatable to Section 201 read with Section 34 IPC for five years and in each case fine was imposed with default stipulation. Two appeals were filed by the accused persons. Both the appeals were allowed.

3. Prosecution version in a nutshell is as follows:

On 11.04.2001 at 8.30 p.m. complainant Billu Khan son of Sayyed Khan, resident of Badopal, Tehsil Pilibanga submitted a typed report (Ext. P-1) before the Station House Officer, Police Station Sri Vijaynagar about the incident of this case to this effect that the marriage of the daughter of applicant Julekhan (hereinafter referred to as `deceased') had been solemnized with Bablu Khan son of Garu Khan. It is about three years when her marriage had been solemnized. On 11.04.2001 in the morning the in-laws of the daughter of the applicant sent an information about missing of Julekhan while prior to this, the message had been given about the death of the mother-in-law of Julekhan and later, when he left from there, he was told that his daughter was missing, her mother-in-law has not died and the Chunni of his daughter was found near the Dirge of the village Bolivia. On hearing this, complainant Billu Khan reached at the Dirge of village Bolivia. The dead body of his daughter was found in the Dirge on 11.4.2001 between 6 - 6.30 p.m., which was taken out. The complainant stated that he did not know as to what has happened with his daughter. But he also mentioned that once or twice she had complained about harassing in the hands of her elder brother-in-law (Jeth) Hanif Khan, sister-in-law Nooran and her relatives Ashaq All alias Ashaq and Attu Khan. He requested that appropriate action may be taken.

On the above-said report Ext. P-1 Police Station Sri Vijaynagar registered the First Information Report No. 90/2001 Exbt. P-2 and the investigation was conducted by the then Circle Officer, Rai Singh Nagar Shri Yogesh Goel, PW- 13. During the investigation the Memo of the Inquest Report of the dead body Ext. P4, Panchayatnama Ext. P-11 was prepared and the photographs of the dead body had been taken vide Ex. P 25 to Ex. P30 through the photographer PW12 Happy. Treating the house of accused Hanif Khan as the place of occurrence, the site plan of the spot Ext. P-10 and memo of the circumstances on the spot was prepared and the Map of the Spot Ext. P-3 of the Diggi where the dead body of Julekhan was found was prepared. During the investigation, from the statements of the witnesses and other evidences of the incident circumstances surfaced that in the intervening night of dated 10/11.04.2001 accused persons Hanif Khan, Ashaq Ali alias Ashaq and Attu Khan K consumed liquor while at the house of Hanif Khan in excess quantity and after consuming liquor they took deceased Julekhan to the room and all the three committed rape on her turn by turn and when they found that Julekhan had lost her consciousness and death was imminent then all the four accused persons threw her into a pit to show that Julekhan has committed suicide. Julekhan is the wife of DW3 Bablu Khan, the real younger brother accused Hanif Khan who had been sleeping there in the house in the night of the incident being in her matrimonial home. As per the prosecution story about four-five months ago on the day of the incident husband of Julekhan namely Ba