Two appeals having been heard together are being disposed of by this common judgment as two appeals arise out of the same judgment dated 20th December, 2006, passed by Shri Virendra Kumar Srivastava, learned the 1st Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 365/84 of 2001/2001, by which the appellants have been convicted for offence under Sections 376/34 and sentenced to undergo rigorous imprisonment for the period of ten years and payment of fine of Rs. 2,000/- each and in default of payment of fine they had to suffer simple imprisonment for the period of one month.

2. The prosecution case as alleged in the written report by the informant Dr. Ram Ekbal Sharma P.W.3 that while he was watching T.V. in between the night of 10th -11th January, 2000 at about 1.00 A.M. then he felt sound of foot step of some of persons then he opened the door of his room then he saw accused persons Khakhanu Thakur, Purnwasi Thakur, Kapindra Thakur, Kameshwar Thakur, Chandradhan Sharma, Motilal Singh, Ayodhya Prasad along with five unknown persons armed with lathi and gun and the informant was caught by them and was threatened to kill and was also asked to keep mum and thereafter,