JUDGMENT :

M.M. Sundresh, J.

1. Conviction rendered for life imprisonment by the Division Bench of the High Court of Himachal Pradesh, by setting at naught the order of acquittal rendered by the Additional Sessions Judge (Presiding Officer), Fast Track Court, Solan, Himachal Pradesh, is under challenge in these appeals.

BRIEF FACTS

2. The appellant, along with the co-accused (since deceased), was charged under Sections 302, 376, 511, 454, 380 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). The case of the prosecution is that PW1 while making a visit to his cow-shed on 17.06.2003 at about 3.15 pm heard the cries of the deceased frantically asking him for help stating “Mama ji Bachao”. He went to the house of the deceased, and called out the name of her husband (PW5) but received no response. Thereafter, he heard the hushed voices of the accused, two in number. He then saw both of them at the main gate. Accused No. 1 was found with blood stains on his shirt while smelling of alcohol. The accused threatened him with dire consequences and made a