STATE Vs. ALI HAFIZ MIA AND ORS.

JUDGEMENT

(1.) ALI Hafiz Mia, aged 53 years, son of late Tomba Mia, Kamarudin Mia, aged 26 years, son of Cherali (Sherali) Mia, Isuf (Yusuf) Mia aged 38 years son of late Selungba Mia, Nizamudin Mia aged 35 years, son of late Moha -madali Mia and Bahaodin Mia aged 25 years, son of Cherali (Sherali) Mia, all residents of Irong Basti, Police Station Mayang -Imphal have been charged Under Section 302 read with 6, 149, IPC for having along with Samsurudin (Shamsuddin) Malawi accused, as members of an unlawful assembly and in prosecution of the common object of such assembly viz: to commit murder of Abdul Mia, on 20 -1 -1953 at 6 A. M, in the paddy field of Irong Chesaba Basti, Police Station Mayang -Imphal committed the offence of rioting and one of the members i.e. Samsuruddin (Shamsuddin) Malawi committed the murder of Abdul Mia by intentionally causing his death and after striking him with a 'Tokshu'.

(2.) THE facts of the case as alleged by the prosecution are that Abdul Mia (deceased) had purchased the lands of pattas No. 5/349 and No. 5/143 of Irong Basti from Laisemthong Bhu -ban Singh and Abduila Haji. But Samsurdin (Sharasuddin) Maulavi accused along with other accused on the basis of their alleged purchase from Haider Ali P.W. 8 claimed title to these lands and so Abdul Mia brought suit No. 173 of 1950 in the court of the Munsiff, Manipur. This suit was decreed on 11 -8 -1952 as a result of compromise between Abdul Mia and Haider Ali; and Abdul Mia was declared to be the owner of the whole of the lands under patta Nos. 5/349 and 5/143 vide judgment Ex. P -B and the decree Ex. p -B/1. Abdul Mia secured mutation in his favour in mutation case No. 431 of 1952 -53 as against Samsurudin (Shamsuddin) Maulavi accused No. 6 and his party on 22 -12 -1952 vide the mutation case judgment Ex. P -C and the recovery list Ex. P -I. Abdul Mia and his son Ethoi Mia P.W. 1, Ibad Ullah P.W. 4, Abdul Waheb P.W. 5 and Amu Mia P.W. 6 then entered into possession over these lands and they claimed to have cultivated it subsequently.

(3.) ON hearing hue and cry at the Ingkhol of Abdul Mia, Hamid Ali Mia P.W. 2 rushed to the spot and he saw Samsurudin (Shamsuddin) Maulavi accused striking Abdul Mia with the 'Tokshu' Ex. P -l on the head and he further saw Abdul Mia falling down after receiving injury Samsurudin (Shamsuddin) Maulavi accused was trying to run away, but Hamid Ali Mia caught him and later on the police arrested him. Abdul Aziz P.W. 3 also saw the occurrence and he helped Hamid Ali Mia in arresting Samsurudin (Shamsuddin) Maulavi on the spot. Abdul Mia, according to Hamid Ali Mia became unconscious after receiving these injuries and he was later on taken to the hospital. Amu Mia P.W. 6 saw his father Abdul Mia in injured condition and later on Abdul Mia died In the hospital.