ABDUL KADIR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by special leave is directed against the reversing judgment of the Gauhati High Court, by which the judgment of acquittal of the trial Court was set aside and the respondents were convicted under section 304, Part I, read with section 34, IPC and each of them was sentenced to five years' rigorous imprisonment.

(2.) Eight persons were put on trial under S. 302/149, IPC on the allegation that one Afil Ali had grown paddy on 7 bighas of land. On November 21, 1968, around 6 A.M. the accused persons along with others were found reaping that paddy. Afil Ali and his brother Adam Ali went near the land and protested against the criminal act of the accused persons. Thereupon accused Abdul Kadir struck Afil Ali on his head with a Dao; accused Rajab Ali, Abdul Majid and Altaf assaulted Afil Ali with Lathis and spears. Accused Abdul Jabbar struck Adam Ali on his head with a Lathi as a result of which he fell down. Saheb Ali and Rajab Ali gave thrashings with their lathis. Adam Ali ultimately succumbed to the injuries. Some time after Afil Ali also died. First information was lodged with the police and after due investigation 8 accused persons were put on trial for offences punishable under Ss. 302/149 and 148, IPC. Abdul Jabbar, Abdul Kadir and Rajab Ali were also separately charged under S. 302, IPC.

(3.) Prosecution examined 5 witnesses including the Investigating Officer. The learned trial Judge found that the accused persons were in possession of the land and had grown the paddy. He, therefore, found that when Afil Ali and Adam Ali accompanied by others attacked the accused on their land, the accused had every right to go to the extent of causing grievous hurt to the attackers in the exercise of the right of private defence of property. While exercising that right if the accused persons were attacked with sharp cutting weapons on vital parts of their bodies they were entitled to even cause death. He accordingly found the accused not guilty and acquitted them.