THE STATE Vs. MD. MISIR ALI AND ORS.

JUDGEMENT

(1.) THIS appeal by the State is directed against an order of acquittal by the Sub -divisional Magistrate, Nowgong acquitting the respondents who were charged before him, under Sections 326, 148 and 326/149, Indian Penal Code.

(2.) THE case for the prosecution is that when one Fazar Ali examined as P. W. I, Abdul Subhan examined as P. W. 2 and Basir Seikh examined as P. W. 3 were on the road in the village ot Chenimari at about 8 P.M. on 10th August 1959, all the eight accused persons who figure as respondents in this appeal and some others attacked them with sticks, daos and spears and caused them serious injuries. The three prosecution witnesses fell down, and hearing their cries and the noise on account of the incident, P. W. 4 Moslem Munchi who was living close by, came to the scene and saw the three prosecution witnesses 1 to 3 lying with bleeding injuries and also saw accused respondents Nos. 1, 2, 3, 4, 6 and 7 going away from the place of occurrence, carrying with them lathis daos and spears. Thereafter Moslem Munchi P. W. 4, with the help of others carried the injured persons to the Jagiroad hospital where they were treated for the injuries. P. W. 1 proceeded to the police station at Morigaon some thirteen miles away and lodged a first information report to the police on the following day, that is 11 -8 -59 at 8 -30 A.M. In the first information report P. W. 1 showed all the respondents as the accused persons and in addition one Tafiuddin and others whose names he did not note in the first information report. Thereupon the police took up investigation and sent the three prosecution witnesses for medical examination by the medical officer examined in the case as P. W. 5. On the person of Fazar Ali P. W. 1 the medical officer noticed two lacerated wounds which in his opinion were caused by blunt weapons. On the person of Md. Abdul Subhan P. W. 2 he noticed three punctured wounds and one linear lacerated wound, In the opinion of the medical officer two of the three punctured wounds on the person of P. W. 2 Abdul Subhan were grievous in nature. The medical officer also gave his opinion that the punctured wounds must have been caused by a sharp pointed instrument, whereas the lacerated wound could have been caused by a blunt weapon. On the person of Basir Seikh P. W. 3 the medical officer P. W. 5 noticed one punctured wound caused by a sharp pointed weapon and two lacerated wounds caused by blunt weapons. After completing the investigation in the case the police filed a charge -sheet which led to the present prosecution before the Court below. The learned Magistrate framed charges against Md. Misir Ali, Moniruddin, Yad Ali Sar -ka and Jabbar Ali for having voluntarily caused grievous hurt to Abdul Subban by means of spear which is a deadly pointed weapon thereby committing an offence under Section 326, Indian Penal Code. The second charge in the case was framed against all the eight accused respondents for rioting armed with deadly weapons, an offence punishable under Section 148, Indian Penal Code. The third charge was framed against accused respondents Saiimuddin, Abbas Ali, Amjad and Amchar for having been members of an unlawful assembly and thereby committing an offence punishable under Section 149 read with section S, 326, Indian Penal Code.

(3.) ON trial the learned Magistrate in a brief and most casual judgment found the accused not guilty of the charges framed against them and acquitted them of the charges. Hence the present appeal by the State.