STATE OF BIHAR Vs. GANESH MAHTON

JUDGEMENT

(1.) This appeal is against the order or acquittal recorded by the 2nd Additional Sessions Judge, Katihar in Sessions Case No. 55 of 1979.

(2.) Four persons including respondents (hereinafter called as accused) faced trial for offences under Sections 380, 324/323, 325, 302/34 and 460/34, IPC. However, in mids of the trial two accused persons namely, Ram Lakhan Mahto and Sudama Mahto died and their names were expunged from the record. It is alleged that these accused persons alongwith their associates in the night of 14/15th May, 1975 committed theft in the house of the informant Harihar Singh and also beheaded and committed murder of his daughter Gita Kumari, a young unmarried girl aged about 15-16 years.

(3.) Prosecution case in brief is that a few months before the alleged occurrence in the month of February, 1975 these accused persons alongwith one Kauleshwar Mahto and others kidnapped Gita Kumari for the purpose of marrying her with Kauleshwar Mahto. A case of kidnapping was lodged in Kadwa Police Station against them. Later on she was recovered from their possession and her custody was restored to her parents. Thereafter, her marriage was settled with son of one Murat Singh of Chapra District Tilak was to be performed on 7.5.1975, but the same was cancelled for reasons not disclosed