JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. Four persons, namely, Bansia Siddhu, Samsen Hansda, Lorence Marandi @ Lowrence Marandi and Bishnu Kumar Mandal were named as accused in the written report dated 12.03.2010 given to the police by Upanand Gupta, who was posted as Jailor at Central Jail, Dumka. On the basis of his written report, Dumka (Town) P.S. Case No. 37 of 2010 was lodged against the above-named accused persons under section 376(2)(g) and section 302/34 of the Indian Penal Code. In Sessions Trial No. 159 of 2010, the appellants have faced the trial on the charge under section 376(2)(g) of the Indian Penal Code for committing gang rape with ‘L’ and ‘S’ and under section 302/34 of the Indian Penal Code for committing murder of ‘L.’ The appellants have been convicted and sentenced to R.I. for life and fine of Rs. 10,000/- under section 302/34 of the Indian Penal Code and R.I. for ten years and fine of Rs. 10,000/- under section 376(2)(g) of the Indian Penal Code.

2. During the trial the prosecution has examined 17 witnesses ‘S’ who is a victim has been examined as PW-6.

3. The case of the prosecution is unfolded in the written report of the Jailor PW-2 which according to him was t