SAMSUDEEN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the Judgment made in S.C.No.240 of 2003 on the file of the learned Sessions Judge, Nagapattinam, dated 06.04.2005. By that Judgment, learned trial Judge has convicted the accused 1 to 4 under Section 449 I.P.C. and sentenced to undergo five years rigorous imprisonment each A1 was convicted for the offence under Section307 I.P.C. and sentenced to undergo three years rigorous imprisonment for the offence under Section 302 r/w 149 I.P.C. A2 to A4 was sentenced to undergo three years rigorous imprisonment for the offence under Section 302 I.P.C., A1 was sentenced to undergo life imprisonment for the offence under Section 302 r/w 109 I.P.C., A2 to A4 were sentenced to undergo life imprisonment for the offence under Section 324 I.P.C., A3 and A4 were convicted and sentenced to undergo six months rigorous imprisonment. The learned Sessions Judge has not imposed any fine as the accused were in jail for a long period.

(2.) THE factual matrix of the prosecution case is as follows: P.W.1 is residing in Kaleefa Sahib Street in Nagoor with his three wives viz., Fathima, Saiada and Sameema and also with their mothers. His daughter is one Jeni Jaffer Hussain is his son the injured Samsuneesa is mother of Saiada Rahaana is sister of Saiada. His friend is P.W.2 by name Goodnamesha. Rias Ahamed P.W.3 is nephew of P.W.1. All of them were residing in the same house. P.W.1, before coming to Nagoor, got educated Arabic literature in Tanjore District, and in Koothanallur. He claims to have been conferred with 'Maulabi' in Koothabnallur. THEn he worked as Principal in Melapalayam Arabic College. He also worked in a mosque in Malaysia for six months. THEn he served as a teacher in Madharasa at udumalaipet. He acted as Imam in Pothakudi and was a deciple of Syed Ali Sahib in Nagoor.

(3.) HEARING the noise from the house, the neighbours and the people residing in the street assembled in the house, apprehended all four accused, assaulted them and detained them. Information was received by the police and the Inspector of Police, P.W.31 came to the scene of crime. P.W.29, the Sub-Inspector of Police had also come to the site of occurrence and found the four accused as well as the prosecution witnesses with injuries. He, under the direction of the Inspector of Police, took injured to the Government Hospital, Nagapattinam. In the presence of the Doctor, P.W.29 recorded Ex.P.5 from P.W.1 at 5.45 p.m., came to Nagoor Police Station at 6.30p.m. and registered a case in Cr.No.464 of 1996 under Sections 147, 148, 452, 324, 307 and 302 I.P.C. and lodged F.I.R. Ex.P.32. He sent F.I.R. through P.W.25 to the Court and the copies to the higher officials. P.W.25 handed over F.I.R. to the Judicial Magistrate, Nagapattinam in the midnight at 00.10 hours.