ABDUL BASED Vs. DERESTULLA MANDAL

JUDGEMENT

(1.) This revisional application is directed against the acquittal of Derestulla Mandal and 6 other accused by Sri B. K. Panda, Assistant Sessions Judge, Murshidabad. All the 7 accused were charged under Section 148, I. P. C. for rioting in prosecution of the common object of assaulting Jahiruddin and being armed with deadly weapons when rioting. The accused Abdul Latif was charge,d under Section 326 for voluntarily causing grievous hurt to Samiruddin. Hafezuddin was charged under Section 324, I. P. C. for voluntarily causing hurt to Anes with a spear or Farsa, and Niajuddin was charged under Section 323, I. P. C. for voluntarily causing hurt to Anes.

(2.) The prosecution case was briefly as follows:

(3.) On 9-12-54 there was a theft of some jute sticks belonging to Kulsam Bewa, a woman of the household of Jahiruddin and the accused Sham-suddin was suspected. Next morning i.e. on .10-12-54, just after sunrise Kulsam abused the thief without mentioning the name. Gulnair, a granddaughter of Jahiruddin, told Kulsam that Sam-suddin had stolen jute sticks. Kulsam then charged Samsuddin, who was working nearby alone with accused Hafizuddin. Samsuddin became furious when charged with theft of jute sticks & he along with Ha-fizuddin chased Gulnair who ran towards her house and took shelter in the house. Her grandfather Jahiruddin intervened and thereupon Samsuddin and Hafizuddin-cried for help whereupon the other accused persons viz., Derestulla, Niajuddin, Abdul Latif. Umed Mandal and Khoda Bux came up. They were armed with lathis and spears, Samiruddin, cousin of Jahiruddin, happened to come and protested against the conduct of the accused party. Derestulla aud Hafizuddin then gave order and Abdul Latif struck Samiruddin with a Fala in the abdomen. Niazuddin struck him with a lathi. Samiruddin fell down. At that time Aaes intervened and Niazuddin struck him with a lathi and Hafizuddin assaulted him with a spear. Thereafter the accused left the place. The assault took place in the Khalian or threshing yard of Saju and Maju, the yard being contiguous to the house of Jahiruddin. Basir, a nephew of Jahiruddin, arranged for the medical treatment of the two injured men viz., Samiruddin and Anes, and he then went to the thana viz. Sagardighi P. C., and lodged the ejahar at 9 a.m. on the same day 10-12-54. In the Ejahar only Abdul Latil, Hafiz and Derestulla were mentioned as the accused. The Police Officer of Sagardighi P. S. commenced investigation on the same day. He sent Samiruddin to Hospital and arranged for the recording of the dying declaration of Samiruddin. Samiruddin died in Jangipur Hospital on 19-12-54. Thereafter the Investigating Officer submitted charge-sheet against the 7 accused persons and they were placed on trial in due course.