RAJDEO SINGB Vs. RAMLADP SINGH

JUDGEMENT

(1.) -This appeal by the complainant Rajdeo Singh is from an order dated 10th September, 1973 passed by a Judicial Magistrate, Dinapur acquitting the accused psrsons of an offence under section 342 of the Indian Penal Code on account of the absence of the complainant. The order of acquittal was passed under section 247 of the Code of Criminal Procedure.

(2.) The prosecution case was that a girl, named, Kamlawati, daughter of the complainant, was married to respondent no. 2 Rajendra Singh. She was not good looking. The accused persons wanted to get rid of her. They confined her in a room and were attempting to kill her by throtling her on the night of 20th August, 1972 in their own house. However, the door was broken in the circumstances mentioned in the complaint and her life was saved. A complaint was made under sections 307/342 of the Indian Penal Code. But, cognizance was taken only under section 342.

(3.) On the 19th August, 1973 the Magistrate fixed 10th September, 1973 only for stating the substance of the accusation to the accused. On 10th September, 1973 the Magistrate passed the following order :