Hon’ble Chandra Dhari Singh, J.—Heard Sri Sushil Kumar, learned counsel for the appellants and Sri Arunendra Kumar Singh, learned A.G.A. for the State and perused the record.

2. This instant jail appeal has been preferred against the judgment and order dated 5.8.1983, passed by the Special Judge (E.C. Act), Aligarh in Session Trial No. 51 of 1982, by which the accused-appellants had been convicted for offence punishable under Section 147 I.P.C. and sentenced them to undergo one year’s rigorous imprisonment under Section 323 read with Section 149 I.P.C to undergo one year’s rigorous imprisonment and to undergo life imprisonment under Section 302 read with Section 149 I.P.C. Further convicting Gyan Singh alias Ginna also under Section 354 I.P.C. and sentencing him to undergo one year’s rigorous imprisonment. All the sentences shall run concurrently.

3. Brief facts of the case.

(I) The story of the prosecution is that a written F.I.R. Ex.Ka-1 was lodged by Smt. Lilawati at P.S. Atrauli on 16.3.1981 at 9:10 p.m. According to Ex.Ka-1 complainant Smt. Lilawati is a resident of village Malahour. On 16.3.1981 at about 10:00 a.m. in the morning her daughter Suman aged about 18 years