On the previous night his whole family had gone to sleep after taking meal when at 10 P.M. brother-in-law of his son, Prabhu Oraon came to their house and requested the wife of the Informant, Victim ‘X’ to come along with him in search of country made liquor. He returned after one hour and told that victim ‘X’ is trembling and asked them to bring her. Thereupon the Informant, his daughter Prabha and the accused Rajdeo Oraon went to the place pointed out by Rajdeo Oraon where other villagers Siban Oraon and Sugan Oraon had also reached on hearing brawl and all these persons were questioning Rajdeo Oraon. As soon as they came on the road they heard a scream from behind the bush “Ayo Dada Mua Dele”( complaining that she is being killed ). Informant and others went towards the bush and saw one person committing rape upon victim ‘X’ who on seeing them started fleeing away. They chased him and caught hold of him. He disclosed his name as Ramesh Kumar of village Khijri Nawatoli, District Simdega (appellant herein). Victim ‘X’ was in a stage of unconscious and her under garments were exposed. They picked her up and brought to the house. She was vomiting and at 5.00 A.M. she died. This incidence was seen by Akhilesh Oraon, Jagtar Oraon, Khiru Oraon, Sukan Oraon by their own eyes. On these allegations, Informant asserted that accused Ramesh Kumar and Rajdeo Oraon have together committed rape upon the victim ‘X’ after intoxicating her, which has resulted in her death.
