Rekha Kumari, J.

1. The aboveJthree appeals are directed against the same judgment dated 22.8.2001 passed by Sri Ramesh Kumar Rateriya, 4th Addl. Sessions Judge, Begusarai in S. Tr. No. 205 of 1991 by which he has convicted all the appellants under sec. 376(2) of the Indian Penal Code for gang rape and under Sections 323 and 451 of the Indian Penal Code and against the order dated 27.8.2001 by which the learned Addl. Sessions Judge has sentenced all the appellants to undergo RI for 12 years and to pay a fine of Rs.5,000.00 each to be paid to the victims as compensation for the offence committed u/s. 376(2), Indian Penal Code, 1860 and Rl for six months u/s. 323, Indian Penal Code, 1860 and Rl for six months under Section 451, Indian Penal Code, 1860 with the direction that the substantive sentences would run concurrently.

2. As all the above appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

3. The prosecution case, as disclosed from the fardbeyan (Ext. 2) of the informant (Prosecutrix), is that on 22.3.1989 Jogira songs were being sung in her village. Her brother protested whereupon there was altercation between her brother and Sugan Tanti of her village. At that time Sunil Singh, who looked after cultivation of her master, was present. He intervened , when the appellant Bharosi Tanti assaulted Sunil Singh on his head with the butt of his pistol and thereafter all of them dispersed. However, Rajendra Tanti, Bhola Tanti, Ramchu Tanti, Dwarik Tanti, all belonging, to her village, decided to convene a panchayati alleging that she (Prosecutrix) and her sister were entangled with Sunil Singh and so they used to allow him to sit in their house. Accordingly, on 23.3.1989 at 9.00 p.m. a panchayati was convened. Her father and brother Fulo Tanti were called in the panchayati. Her father and brother went to attend the panchayati. At that time her mother also went to her younger brother for giving him food. Only the prosecutrix, her younger sister and her two sisters-in-law, Pawan Rekha and Gita Devi, remained in the house, when the appellants Ram Uday Tanti, Bharosi Tanti, Ragho Tanti, Ashok Tanti, Bijay Singh, Chandra Shekhar Singh came to her house. The prosecutrix and her sister were taking their meal and their sisters-in-law were sitting there. The appellant Ragho Tanti started dragging the prosecutrix by pulling her locks. She was not ready to go. She was hence assaulted by fists and slaps. All the appellants started taking her away. Her younger sister protested, when she was also forcibly taken away. They took the two sisters to the chilly and Andy field of one Naresh Singh in Bishunpur Bandh. In that field the appellant Bijay Singh and Chandra Shekhar Singh kept her (Prosecutrix) detained and other four appellants took her sister inside the field and all of them forcibly committed rape on her. The appellants Bijay Singh and Chandra Shekhar Singh tried to rape her (Informaht) but on account of her resistance, they could not succeed, Then the appellant Bharosi Tanti came and committed rape on her. Thereafter they left the place. At about 11.00 p.m. the two sisters returned to their house and narrated the incident to their father and the brother. It is also alleged that the appellants had assaulted both the victims with pistol.

4. On 24.3.1989 at 2.00 p.m. the fardbeyan was recorded by the Officer In -charge, Muffasil P.S. at Muffasil Police Station. On the basis of that fardbeyan, the case was registered at Matihani P.S. District Begusarai. The police investigated the case and after completing investigation submitted charge-sheet against the appellants.

5. All the appellants were charged u/s. 376(2)(g) read with Explanation I for gang rape and u/s. 323, Indian Penal Code, 1860 for assaulting the informant as also under sec. 451, Indian Penal Code, 1860 for committing house tres-pass with an intent to cause hurt and take away the two victims to commit rap