JUDGMENT :

1. Present Criminal Appeal under section 374(2) Cr.P.C. has been filed against the Judgment and Order dated 22.10.1994 passed by Jagdish Prasad, Special/Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No.73 of 1990 (State Vs. Debi Dayal and 3 others) arising out of Case Crime No.170 of 1989, under Sections 394, 397, 366 and 376 I.P.C., Police Station Mitauli, District Lakhimpur Kheri convicting the appellants, under Sections 376/366 I.P.C. and sentencing them to undergo rigourous imprionsment of ten years under Section 376 I.P.C. and further sentencing them to undergo rigourous imprisonment of five years under Section 366 I.P.C. Both the punishment are directed to run concurrently.

2. In the guidelines of the Hon’ble Supreme Court, the name of the victim is not disclosed. Her name is referred as letter ‘X’.

3. Wrapping the facts of the case in brief, at about 12:00 p.m. i.e. in the midnight of 10/11.06.1989 the informant Buddha Chamar alongwith his wife, his daughters namely; Goda and victim ‘X’ and his son Ram Prasad was sleeping in the courtyard of his old house and wingnut (dibari) was kept blown, four persons armed with gun and country made pistol entered i