Thomas, J. - (1.) Abduction and triple infanticide are the gravamen of this case. Kids, male and female, were abducted not for ransom but for their blood to propitiate gods to reveal the spot beneath which a treasure trove was believed to have been embedded. What finally disinterred were not the treasures - not even a tiny bit of it - but the putrefied corpses of three infants whose blood had copiously been collected in vain for searching out a non-existing cauldron of jewelleries. One of the abducted kids (Sagar) was not destined to die then as he escaped from the clutches of the kidnappers and his infantile recollections were utilised by the prosecution to tell the tale to the Court.
(2.) The Sessions Judge found all the four persons who were arraigned before him for such grisly perpetreated acts, guilty of the offences charged against them and they were all sentenced to death. But a Division Bench of the High Court of Bombay, Aurangabad Bench (V. K. Barde and J. A. Patil, JJ.) extended benefit of doubt which they entertained and set all the accused free. This is the appeal which the State of Maharashtra has filed by Special Leave in challenge of the order of acquittal.
(3.) Sri Satish Chandra B. Subrik learned counsel who entered appearance for the accused reported to us that the first accused (Dami Gopi Nath) died during the pendency of this appeal and hence the appeal is against him can be, treated as abated. The remaining three respondents are A2-Gangadhar Gitaram Kotka alias Guruji, A3-Mukinda Anna Thorat and A4 Dhananjaya alias Balu Joshi. It is convenient for us to refer to them in the rank as they were arraigned as accused in the trial Court.;