ABDUL KARIM CHAGLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 30.05.2002 passed by the learned Ad-hoc Addl. Sessions Judge, Nagaon in Sessions Case No. 45(N)/94, convicting the accused-appellants, namely, Md. Abdul Karim Chagla, Abdul Subhan, Sunder Ali, Ajijal Hoque, Hussen Ali, Iman Ali, Aman Ali, Moslemuddin, Abdul Hasen and Amin Ali @ Amiruddin under Section 302 read with Section 34 of the IPC and sentencing each of them to suffer imprisonment for life and pay a fine of Rs. 5000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one year. The accused appellant No. 2 Abdul Sobhan has been further convicted under Section 324 IPC, but no separate sentence for the offence, so committed, was passed against him.

(2.) The case against the accused-appellants, as unfolded at the trial, may in brief be stated as follows : The accused-appellant No.1, namely, Abdul Karim Chagla, has a land adjoining the boundary of Saheb Ali (PW1). The accused-appellant No.1, namely, Abdul Karim Chagla, along with his younger brother, accused-appellant No. 2 namely, Abdul Sobhan, reaped away, on 09.12.1992, the paddy grown by Saheb Ali on his said land. On being informed of the same, Saheb Ali visited his said land and, on finding that his paddy had been reaped and taken away by the two accused- appellants aforementioned, when Saheb Ali was talking to Abdul Hussain regarding cutting away of his paddy by the said two accused-appellants, the accused-appellant No. 2 arrived there along with other accused-appellants, abused Saheb Ali, and even tried to hit Saheb Ali with lathi, but Saheb Ali saved himself by running away from the scene. On the following day, i.e. on 10.12.1992, at about 7 a.m. when Saheb Ali's elder brother, Amiruddin (since deceased) was returning home from the nearby mosque, the accused-appellants, armed with lethal weapons such as, spear, dao, iron rod, dagger, etc. attacked Amiruddin near a bamboo grove, located at a close distance from a 'tinali' (i.e., tri junction), situated near the house of Amiruddin, and on witnessing the same, when Amiruddin's brothers Saheb Ali and Abdul Rashid, Amiruddin's nephew, Anwar Hussain, and some others went forward to save Amiruddin, the accused-appellants attacked them also and caused injuries on the persons of Amiruddin, Abdul Rashid and Anwar Hussain. On hearing the hullah raised at the place of occurrence, when the co-villagers of Amiruddin and others arrived at the place of occurrence, the accused-appellants fled away. Amiruddin and Anwar Hussain, being seriously injured, were first brought to Batardeva Police Station and they were shifted from there to the Civil Hospital, Nagaon. Abdul Rashid aforementioned, then, lodged a written Ejahar (Ext. 1) at the said police station and treating the same as FIR, a case was registered there against the present accused-appellants except accused Amir @ Amiruddin, whose name had not appeared in the said Ejahar, under Section 147/148/447/ 324/325/149 IPC. As Amiruddin, later on, succumbed to his injuries Section 302 IPC was added to the case so registered. During investigation police visited the place of occurrence, drew sketch map (Ext. 4) of the place of occurrence and held inquest over the said dead body. The injured were also medically examined. On completion of the investigation, police laid charge-sheet against the present accused appellants under Sections 147/148/447/324/325/149 IPC.

(3.) During trial, the accused-appellants pleaded not guilty to the charges framed against them under Sections 302/324/323 read with Section 34 IPC. In all prosecution examined 9 (nine) witnesses in support of their case. The accused appellants were, then, examined under Section 313 Cr. P.C. and in there examinations aforementioned, they denied to have committed the offences alleged to have been committed by them, the case of the defence being, in brief, thus : On 10.12.1992 about 7 a.m., when the accused-appellant No. 1, namely, Abdul Karim Chagla was returning home from the house of Nurul Amin, a head master, he was informed that some occurrence had taken place near his house. When the accused appellant No.1 came near his house, he found his brother, accused appellant No. 2, namely, Abdul Subhan, lying injured at his courtyard and was told that Abdul Sobhan had been picked up from near the bamboo grove, located near their house. As the accused appellant No. 1 was proceeding towards the police station to lodge an Ejahar, he was way laid and assaulted by Saheb Ali (PW1) Abdul Matleb, Jakir Hussain and others, but he was saved by the people, who were reaping paddy at the nearby paddy fields. The accused-appellant No.1, then reached the police station and lodged there a written Ejhahar, which gave rise to a cross-case. So far as the accused appellant No. 1, Abdul Karim Chagla. In concerned, he was not present, when the fight between Amiruddin (since deceased) and the accused-appellant, Sobhan Ali, took place. In fact, Amiruddin (since deceased) accompanied by his brother, Saheb Ali and others, had attacked Abdul Sobhan and in the confusion, Amiruddin had died as a result of the assaults sustained by him at the hands of the members of his own group of people, who had come to attack the accused-appellant, Abdul Sobhan. The defence also adduced evidence by examining as many as five witnesses.