BHAGABAN MAHAKUD Vs. STATE

JUDGEMENT

(1.) THE four petitioners were convicted by the learned Assistant Sessions Judge of Mayurbhanj and sentenced to 3 years' R. I. and a fine of Rs. 100 or in default to two months' R. I. under Section 366, I. P. C. , and to six months' R. I. under Section 147, I. P. C. , the sentences to run concurrently. On appeal, the learned Additional Sessions Judge, Mayurbhanj, confirmed the convictions but reduced the sentences to one year's R. I. on both counts.

(2.) THE prosecution case is that on 22-2-54 there was a marriage ceremony of one Tubi Debi the sister of P. W. 4 at their father's residence, namely, Chintamani Mahakud (D. W. 1) of Gagarbeda; that the victim Kuni Debi (P. W. 2) with her brother Maheshwar Mahakud (P. W. 1), his wife Sukamani Debi (P. W. 4) and her first cousin (P. W. 5) as also the accused persons attended the marriage; that on the afternoon of 22-2-54 they all started with the newly married couple to leave them at Village Ha-tin; that while they were at a distance from Gagarbeda Busti the accused persons with some others came from the opposite direction and forcibly took dway P. W. 2 after assaulting P. W. 1 and putting inside P. W. 4 to the house of accused No. 1 in village Hindola; that P. Ws. 1 and 4 with the Padhan of Gagarbeda (P. W. 8) went and found the girl confined in a room of accused No. 1 and as it was night the accused persons expressed reluctance to allow her to go; that the next morning these persons again went to fetch the girl but that the accused persons refused to let her go on the ground that they brought her down to get her married to accused No. 1 and hence P. W. 1 lodged F. I. R. at the Police Station, Raruan.

(3.) THE petitioners alleged that they did not attend the marriage of Tubi and that they did not accompany the married couple and P. Ws. 1, 2, 4 and 5 of their own accord went to the house of accused No. 1 and being under intoxication created a row at his house and fled away leaving the others and that because the accused persons stood in the way of P. W. 1 securing Tubi in marriage with him he started this false case. They also contended and the learned Assistant Sessions Judge says in his Judgment that it is an admitted fact that it was customary with the people in the society to which both the victim and the accused persons belong the dragging is a first step in a marriage and that there is in their community a marriage, if 1 may say so, by capture.