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2009 Supreme(Chh) 28

T.P.SHARMA
WILSON DAVID ALIAS BILLOO – Appellant
Versus
STATE OF C. G – Respondent


Advocates Appeared:
In Criminal Appeal No. 481 of 2004 :
Mr. Uttam Pandey, Advocate, for the Appellant.
Mr. v.V.S. Murthy, Deputy A.G. with Ms. Sangita Mishra, P.L., for the Respondent/State.
In Criminal Appeal No. 487 of 2004 :
Mr. Sunil Sahu, Advocate, for the Appellant.
Mr. v.V.S. Murthy, Deputy A.G. with Ms. Sangita Mishra, P.L., for the Respondent/State.
In Criminal Appeal No. 524 of 2004 :
Mr. Sanjay Agrawal, Advocate, for the Appellant.
Mr. v.V.S. Murthy, Deputy A.G. with Ms. Sangita Mishra, P.L., for the Respondent/State.

JUDGMENT

1. Since all the aforesaid criminal appeals arise out of the same judgment passed in Sessions Trial No. 172/2003 convicting the accused/appellants for the offences punishable under Sections 450 and 376 (2) (g) of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for three years with fine of Rs. 500 in default of payment of fine to further undergo rigorous imprisonment for one month U/S 450 IPC and to undergo rigorous imprisonment for ten years with fine of Rs. 500, in default of payment of fine to further undergo rigorous imprisonment for one month, they are disposed of by this common judgment.

2. Case of the prosecution in brief is that on 20-7-2002 when the prosecutrix namely Sonsir Bai (PW -9) was sleeping in her house, the present appellants along with other accused Chhotu Jabalpuriha entered her house armed with sickle, knife and pistol. They tied a piece of cloth in her mouth, switched off the light and three of them committed forcible sexual intercourse with her one by one and before the forth person could do that, her husband reached there. When he shouted at the accused persons, they caught hold of him. The prosecutrix on hearing th






























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