NASIRUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 24. May, 1968 of the High Court of Assam and Nagaland convicting the appellants Nasiruddin, Abdul Rashid, Rezauddin, Baharuddin and Shulai under Section 457 of the Indian Penal Code and convicting Rezauddin also under Section 323 of the Indian Penal Code. The appellants were each sentenced to rigorous imprisonment for six months under Section 457 of the Indian Penal Code and Rezauddin was also sentenced to rigorous imprisonment for two months under Section 323 of the Indian Penal Code.

(2.) The Prosecution case was that on 30 April, 1962 in the early hours of the morning nine accused formed an unlawful assembly, the common object of which was to abduct Janura Bibi and being armed with deadly weapons broke into the house of P W. 1 Samsheruddin husband of Jahura Bibi. The accused were charged under Sections 148/460/457 of the Indian Penal Code. The Sessions Court acquitted the accused of the Charges under Sections 148 and 460 of the Indian Penal Code, and found them guilty under Section 457 of the Indian Penal Code. Each of them was sentenced to rigorous imprisonment for six months under the said section. The Sessions Court convicted Nasiruddin under S 324 of the Indian Penal Code and sentenced him to six months rigorous imprisonment and a fine of Rupees 200/- in default to suffer rigorous imprisonment:for two months. The Sessions Court convicted Rezauddin under Section 323 of the Indian Penal Code and sentenced him to rigorous imprisonment for two months.

(3.) The High Court held that the appellants entered into the dwelling house of the complainant by breaking open the door for the purpose of committing an offence punishable with imprisonment. The High Court found contradictions regarding the entry into the house by Rashjd. Sarabuddin. Rahuddin and Sirajuddin and therefore gave them the benefit of doubt and acquitted them. The High Court acquitted Nasiruddin of the charge under Section 324 of the Indian Penal Code and set aside the sentence passed by the Sessions Court in that behalf. Razauddin was found by the High Court to give a blow with a roller to Rahimuddin son of Samsheruddin P. W. 1 Rezauddin was found by the High Court to be guilty under Section 323 of the Indian Penol Code.