AKIL ALI Vs. STATE OF ASSAM,

JUDGEMENT

(1.) ACCUSED appellants Akil Ali, Sattar Ali, Anaruddin and Sirajuddin appealed from the judgement of their conviction under Section 304, Part I, I.P.C. sentencing them to 7 years R.I. and a fine of Rs. 1000/ - in default further 6 months R.I. each.

(2.) THE Prosecution version is that while deceased Abdul Latif, Namer Ali, Rekmat Ali and Mazamil with two other members of the same family, namely, Abdul Haque and Manir, were ploughing their land, the accused persons being armed with 'lenjas', lathis and other deadly weapons attacked them with a view to dispossess them from their land. In course of the attack Akil Ali killed Latif, Sattar killed Mazamil, Anaruddin killed Namer and Sirajudidn killed Rekmat with their weapons. The two other members, namely, Abdul Haque and Manir, were also attacked and injured. Abdul Haque lodged an ejahar at the Hailakandi Police Station and after investigation Police charge -sheeted the accused appellants with some others, since acquitted; and one of those charge -sheeted having absconded and another died, 9 persons were tried at the Sessions, charged under Sections 148 and 302 read with Section 149, I.P.C. Anaruddin was also separately charged under Section 324, I.P.C. They were also separately charged under Section 302, I.P.C. They pleaded not guilty to the charges. The defence case was that deceased Moinuddin @ Mayub Ali who was a nephew of accused Akil Ali was ploughing latter's land where the deceased persons, with others, being armed with deadly weapons came and attacked Mayub who raised alarm at which Akil Ali and others came to his defence and a mutual fight took place wherein four persons of the complainant's side and Mayub of the defence side died and others injured.

(3.) PROSECUTION examined 16 witnesses including one Magistrate, two doctors and Police Officers. The defence also examined 6 witnesses, including a doctor. The learned trial Court, while convicting the accused appellants as above held that the land was in possession of the accused party but the appellants exceeded their right of private defence. The other accused persons, namely, Rashid, Faraj, Kutubuddin, Jalaluddin and Abdul Kadir were acquitted.