DIGHOLA AHOM AND ORS Vs. KING

JUDGEMENT

(1.) This is an appeal by 5 persons-one Dighola Ahom, Bhanu Ahom, Gopal Ahom, Dehiram Ahom, and Someswar Ahom-who were tried along with 4 others by the learned Sessions Judge, Lower Aasam Division, with the aid of a Jury for oflfonoes under S3. 147, 325 and 366, Penal Code. The jury brought a un-animous verdict of not guilty of any offence against i accused persons, but brought a verdict, of guilty against the 5 appellants Under Section 365, Penal Code., an offence with which they were not oharged, while acquitting them of the charges Under Section 366, Penal Code, and 147, Penal Code, The appellant Bbanu was in addition found guilty Under Section 335, Penal Code, The learned Sessions Judge agreed with the unanimous verdiot of the Jury against the S appellants and sentenced each of them to rigorous imprisonment ' for S years Under Section 365, Penal Code, and further sentenced the appellant Bhanu Under Section 325, Penal Code., to rigorous imprisonment for 6 months, the sentences to run concurrently.

(2.) The case for the prosecution was that some time before the present occurrence which took place on lab February 1918, Mt. Kapahi, a girl of 17 years of age and a daughter of one Kalai Bora, was forcibly dragged to the house of one Cheru by the appellants Bhanu and Dighala and one Gerela in order that she might be compelled to marry Cheru. After living for a while with Cheru who forced her live with him a3 his wife, she managed to escape and return to her father, and made a statement before a Magistrate.

(3.) On 1st February 1948, at about 2 p. M. her younger brother called Kaneswar asked her to take a jug of water to the field, No sooner bad Mt. Kapahi left the house with the watering than the appellant Dighala Ahom and a. brother of the appellant Dehiram seized her by the arm; almost immediately the other appellants and some others, about 16 in number, came armed with spears, lathis and daos and took away the girl by force; in the course of the abduotion, the appellant Bhanu is alleged to have in jured the father of the abduoted girl. In the first information report lodged by the father of the girl, he stated that the motive for the abduotion was revenge.