1. Criminal Appeal No. 182 of 1982 u/S. 374( 2), Cr.P.C. and Government Appeal No. 946 of 1982 u/S. 378, Cr.P.C. have been filed challenging the impugned judgment and order dated 21.12. 1981, passed by learned Sessions Judge, Jhansi, in S.T. No. 25 of 1980, whereby accused Ganga son of Ram Dayal, Mata Deen son of Gyani, Ram Sewak son of Jugal and Omkar son of Brikch Bhan were acquitted from the charges u/Ss. 147, 148, 302/149 and376, I.P.C.. Accused Veer Singh son of Basante was acquitted u/S. 376, I.P.C.. But, he was held guilty and convicted u/Ss. 147, 302/149, I.P.C. and was sentenced to undergo one year R.I. u/S. 147, I.P.C. and to undergo imprisonment for life u/S. 302/149, I.P.C.. Both the sentences were directed to run concurrently. As such, Veer Singh-accused filed the aforesaid criminal appeal u/S. 374( 2), Cr.P.C. whereas State of U.P. has filed aforesaid Government appeal u/S. 378, Cr.P.C. Government Appeal has abated vide order dated 28.3.2014 as against respondent Omkar on account of his death. Therefore, this judgment pertains to rest of the accused respondents.

2. Since both the aforesaid appeals have been directed against the common judgment and order dated 21.12.1981, therefore, for the sake of convenience, they are being disposed of by this common judgment.

3. As per the prosecution case, Baba Bharkhandi, a Sadhu, was residing on a hillock situated two miles away from the village Khailar. He had constructed a Marhi ( hut) there. A temple and a well were also there. There was a forest. Prior to the incident of this case, accused Matadeen was apprehended by Dal Chand ( P.W. 9), a Forest Guard, when he was unauthorizedly cutting forest tree with kulhari ( Axe). On his apprehension by Forest Guard, Matadeen started quarrelling with him. The aforesaid Forest Guard, Dal Chand, called Baba Bharkhandi in his support. Baba Bharkhandi along with his two disciples, Siya Ram and Mathura, went there to support the cause of Forest Guard. They scolded Matadeen, whereupon he went away leaving the cut wood at spot. Dal Chand reported this matter to his Ranger, who prepared a report ( Ext. Ka-7) regarding the aforesaid incident, dated 5.10.1977, at about 06.00 a.m. On its basis, FIR was lodged against Matadeen on 05.10.1977, at 12.15 a.m., at PS. Prem Nagar, District Jhansi, vide Crime No. 169/1977 u/S. 353/379, I.P.C. and after completing the investigation, he was charge-sheeted and prosecuted. Matadeen started nursing grudge against Baba Bharkhandi, hereinafter called the 'deceased'. This is the motive assigned to Matadeen against Baba Bharkhandi.

4. On 24.2.1978, deceased was sleeping in his marhi as usual. His chela, Lala Ram ( P.W. 2), along with his wife, Smt. Vimla Devi ( P.W. 3), aged about 19 years and their minor son, Bharat, were also staying with the deceased during those days because Lala Ram was learning Yoga from him. Lala Ram and his wife Vimla Devi were the disciples of the deceased. At 1.00 a.m. on 25.02.1978, 7-8 miscreants raided the kutiya of the deceased and started beating him mercilessly. Lala Ram and his wife Vimla Devi protested but the miscreants warned them not to interfere as they had come to take the life of the deceased because he was in the habit of making false complaints against them and was regularly prohibiting them from cutting the forest wood. Baba Bharkhandi died instantaneously. Thereafter, miscreants commanded Lala Ram and his wife to accompany them and took them down to hillock. 3-4 miscreants caught hold of Smt. Vimla Devi and took her 20-25 paces away and rest of the miscreants remained sitting there with Lala Ram. The miscreants, who had taken Vimla Devi away from Lala Ram, asked her to put off her clothes and submit her for sexual intercourse otherwise they would kill her and her son. Under these compelling circumstances, she had no option except to submit herself for sexual intercourse. All the miscreants committed rape upon her one after the other. The miscreants