MUSABBIR ALI TAFADAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS criminal revision is directed against the conviction Under Sections 147, 323/149 and 436/149, Indian Penal Code. There are only three petitioners in this revision, two others have not come up before this Court. They were all sentenced to one year's R. I. Under Sections 147 and 323/149, IPC. under each head and to three years' R. I. and a fine of Rs. 900/ -, in default to R. I. for another six months Under Sections 436/149, IPC.

(2.) THE prosecution case is that Abdul Khaleque Gaonbura (P.W. 2) and some others were in possession of the disputed land, and on 10 -2 -1962 at about 8 A.M. the accused persons along with many others, numbering about two hundred being aimed with daos and daggers etc. formed into an unlawful assembly with the common object of dispossessing Abdul Khaleque and other persons from the land, assaulted Abdul Khaleque, his mother and others and set fire to Khaleque's house and some other houses and dismantled other houses. Abdul Khaleque and eight others sustained injuries in the course of this raid. Ultimately twenty -four accused persons out of the thirty -eight charge -sheeted were committed to take their trial before the Sessions Court and the learned Assistant Sessions Judge convicted only live of them as stated above.

(3.) IT is argued by the learned Counsel for the petitioners that the charges are illegal and defective and have prejudiced the accused persons in defending themselves. Three charges were framed against the accused persons. The first one reads as under :