TAMBAK SINGH AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal from the order of the Additional Sessions Judge, U A. D., dated 26 -3 -1950, by which two appellants Tambak Singh and Gopi Singh (nos. 1 and 2) were convicted under Section 304, Part II and sentenced each to rigorous imprisonment for 4 years. Appellant 3, Chourajit Singh, was convicted under Section 325, Penal Code, and sentenced to undergo rigorous imprisonment for 2 years. Tambak Singh and Gopi Singh were found responsible for causing the death of Montaz Ali. Chourajit Singh was found to have caused grievous hurt voluntarily to Monjit Ali.

(2.) THE occurrence, which resulted in the death of Montaz Ali and injuries to three others, namely, Monjir Ali, Ayub Ali and Mayur Ali, took place at about 8/9 a.m. within the limits of mouza Nityanandapur on 2 -5 -1949.

(3.) A written report was presented by Amir Ali. a brother of Montaz Ali, deceased, about this occurrence to the Officer -in -charge of Haila -kandi P. S. at 4 P. M. on that date. The report was written by Prahir Chandra Chakravarty (p. W. 8), clerk of Babu Ganga Charan Biswas, a plunder of Hailakandi. It was written in accordance with the directions given by Babu Ganga Charan Biswas who was present when Prabir Chandra Chakravarty wrote it.