( 1 ) THE appellants have preferred this appeal against the judgment and order of conviction and sentence dated 31-5-1997, passed by Sri J. K. Narayan, learned additional Sessions Judge, Seraikella, in sessions Trial No. 179 of 1993 (G. R. No. 545 of 1992), whereby and whereunder, all the three appellants have been convicted under Section 376 (2) (g) of the Indian Penal code and each of them has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/- each and in default, to undergo rigorous imprisonment for six months. They have further been convicted under Section 452 of the Indian penal Code and sentenced to undergo rigorous imprisonment for three years. However, the sentences in respect of all the appellants have been ordered to run concurrently.

( 2 ) THE prosecution case is based on the first Information Report, lodged by Duni purti (PW-8), recorded on 16-9-1992 at 18. 30 hours regarding an occurrence, which took place in the night of 15/16th September, 1992 in between 9. 00 p. m. of 15th September, 1992 till 3. 00 a. m. , the early morning of 16th September, 1992. The "informant Duni Purty (PW-8) has alleged that in the night of 15-