SADAR SHEIKH Vs. STATE

JUDGEMENT

(1.) This is an appeal from the order of Shri S. C. Dutt, Additional Sessions Judge, Murshidabad, convicting the appellant Sader Sheikh under Sections 324, 324/149 and 147, Penal Code and sentencing him to suffer rigorous imprisonment for three years, three years and two years respectively under the charges; and convicting the other six appellants, Nader Sheikh, Rajabali Sheikh, Asraf Sheikh, Hamijuddin Sheikh 'alias' Kami Junal Molla 'alias' Hamai, Hakai Sheikh and Jamat Sheikh under Sections 324/149 and 147, Penal Code, and sentencing each of them to suffer rigorous imprisonment for two and a half years and one and a half years respectively under the charges, the sentences to run concurrently. The accused were tried with a jury of nine and the conviction and sentence was based on the unanimous verdict of the jury.

(2.) The prosecution case was briefly as follows: Besai Sheikh, and Adalat Sheikh 'alias' Adai Sheikh who were brothers residing in Kagram, police station Bharatpur, went on 10-12-1951 to purchase a cow from village Natungram situate about 3 or 31/2 miles to the east of Kagram village. They were unable to purchase the cow that day and they were returning after evening to their village and were passing through an open field between Natungram and Kagram villages at about 9 o' clock at night. The night was a moonlit night. When they were passing through the open field, 15 or 16 persons came up and started an altercation with Basai Sheik, and the appellant Sader Sheik struck Besai Sheik with a 'Pattangi' or a small axe and the appellant Jamat Molla struck Besai Sheik on the leg with a spear. Thereafter Sadar Sheik struck Besai Sheik on the neck repeatedly with a 'Pattangi.' or axe and the other appellants also struck Besai Sheik with lathis. A 'Shabal' or pickaxe was placed against the throat of Besai Sheik. As a result of such assault, Besai Sheik died on the spot. Adalat Sheik brother of Besai Sheik protested. He was also attacked by some of the assailants, the accused Hakai Sheik striking him with a 'Pattangi' and accused Rajabali Sheik and Satkari striking him on the hand with lathis. Adalat Sheik fell down injured. Hearing the shouts of the injured men, some villagers of Kagram came up including Habal Sheik, Khelai Molla, Abdul Bari, Suku Molla, Siddat Sheik and Jobed Sheik. Some of them were also injured by the assailants as the latter ran away. The villagers found that Besai Sheik had died and that Adalat Sheik was lying severely injured. Ashai Sheik, brother of Besai Sheik and Adalat Sheik also arrived at the spot after the assailants had gone away. He fetched a doctor, Dr. Najibur Rahman, who rendered first-aid to Adalat Sheik. Ashai Sheik had a statement written out by one Asharat Sheik and he made over this written statement as his first information report to a Police Officer whom he happened to meet on the way to the thana. This written information was made over to the Police Officer at 4-45 A.M. on 11-12-1951 according to the prosecution case. The Police Officer started an investigation and submitted a charge sheet against ten accused, namely, the seven appellants and also against accused Satkori Sheik, Kani Kora Sheik and Wahed Molla, who have been acquitted by the learned Additional Sessions Judge on the verdict of the jury.

(3.) The accused pleaded not guilty and alleged that they had been falsely implicated out of enmity. There was no definite case suggested as to how the occurrence had taken place.