STATE OF M P Vs. NABI BUXJAN MOHAMMED

JUDGEMENT

(1.) THE accused-respondents Nos. 1 to 15, namely, Nabi Bux, Ramzan, Habibullah, Bismillah, Abdul Salam, Mohammad Shafi, Peer Bux, Papa Ramzan, Kadar, Ramzan s/o. Razzak, Sheikh Mohammad, Haji Amir Badshah, Gafoor, Usman and Jamaluddin, were prosecuted in the Court of the 3rd Additional Sessions Judge, Jabalpur, for offences under sections 120-B,148, 436, 450, 452, 323,324 and 397 read with section 149 of the Indian Penal Code. THE trial Court acquitted them all of all the offences. THE State Government has, therefore, filed this appeal against their acquittals.

(2.) THE case for the prosecution, in brief, was as follows:- On the night of 7-2-1961, at about 9-15 p. m., an assembly consisting of about 300-400 persons came to the house of the complainant Ramchandra (P. W. 1), that the assembly was shouting communal slogans, inciting the people to kill and loot the Hindus, and that the members of that assembly were armed with axes, spears, lathis, daggers and flaming torches. THE complainant Ramchandra (P. W. 1) was in his house at that time, along with his son, Shambhu Dayal (P. W. 2) and widowed sister Mst. Gomti Bai (P W.6). In order to ascertain as to what the commotion was about, the complainant Ramchandra (P. W. 1) opened the front door of his house when he saw the accused-respondent Ramzan Papa, whom he asked as to what the matter was. Ramzan Papa assured him that no harm would come to them. Even thereafter, suspecting that something was wrong, the three of them (viz. P. Ws. 1, 2 and 6) went up to the first floor of their house. From the balcony of their house, they then saw a large mob of about 300-400 strong converging on the Nalband Mohalla and their house. THE rioters thereupon broke open the door of the parchhi of the bouse of the complainant Ramchandra (P. W. 1) and set fire to it.. Some of the rioters climbed a ladder on to the balcony of his house and threw acid on Ramchandra (P. W. 1) and Shambhu Dayal (P. W. 2) which caused acid burns to them. Meanwhile, a stone hurled by one of the members of the assembly struck Mst. Gomti Bai (P. W. 6) injuring her. Some of the members of the assembly also took away a cash box containing Rs. 1,500 from the ground-floor of the house of the complainant Ramchandra (P. W. 1). Shortly afterwards, the police arrived on the scene and had to open fire on the mob before peace could be restored. It is further alleged that all the aforesaid attack as well as the attack on the other houses of the locality was in pursuance of a criminal conspiracy entered into between the accused-respondents Hafiz Nabi Bux, Habibullah, Ramzan Papa and Haji Amir Badshah, along with other Muslims of Garha, Baidra Mohalla, Kanchghar, Ghamapur, Naya Mohalla, Gohalpur and Nalband Mohalla in general. It is further alleged that in the police firing, which had taken place, the accused-respondent Hafiz Nabi Bux was wounded in his leg. THE first information report (Ex. P-1) of the incident was made by the complainant Ramchandra (P. W. 1) at the Victoria Hospital on the 8th of February 1961, at 12 noon. During investigation, the doors of the house of the complainant Ramchandra (P. W. 1) were seized by the police.

(3.) IN this appeal, it is not seriously disputed that there was an unlawful assembly on the night of the incident. The only question, therefore, that arises for consideration is whether the trial Court was in error in holding that from the evidence on record the complicity of the accused-respondents in the offences charged had not been established beyond all reasonable doubt.