MD. AYAS ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) (Oral)- The appellant Md. Ayas Ali has filed this appeal challenging the judgment and order dated 26.7.1993 passed by the learned Additional Sessions Judge, North Tripura District, Dharmanagar in Sessions Trial Case No. S.T. 13 (N.T./D) of 1989 whereby the appellant and another accused, namely, Narul Haque were convicted under sections 325/149 of I.P.C. and sentenced them to suffer rigorous imprisonment for five years and a fine of rupees three thousand only and also rigorous imprisonment for six months under sections 323/149 of I.P.C.

(2.) The facts giving rise to this appeal are that on 22.6.1983 at about 3.50 p.m. one Junab Ali son of Md. Shaib Ali lodged an oral information with Kadamtala Police Out Post which was reduced into writing by O.C., Kadamtala Police Out Post. Information was entered into G.D. of the Police Out Post vide G.D. Entry No. 591 dated 22.6.1983 and was forwarded to O.C., Churaibari Police Station to which the Kadamtala Police Out Post is subordinate, for registration of the case. It has been alleged in the F.I.R. that on 22.6.1983 at about 1 p.m. when informant along with his brother Abdul Sahid and Mustafa Uddin were working in their sugarcane plantation in Sarashpur hill, accused-appellant and Nurul Haque went there and enquired as to who has damaged their boundary fence. The informant replied expressing his ignorance. At this, Nurul Haque and the accused-appellant threatened them to teach lesson for such act. At that time, when the informant and his brother Mustafa Uddin advanced towards them accused Nurul Haque slept Mustafa Uddin twice or thrice and thereafter these two persons went away towards their home. Informant also went back home at about 2.30 p.m. on that day, informant found that the accused Nurul Haque, Abdul Haque, Golab Reb, Aptab Uddin, Goach Uddin, Kutub Uddin and the accused-appellant armed with sticks etc. were rushing towards Sarashpur hill. Informant also rushed towards the hill and found that accused Nurul Haque, Gulab Reb, Abdul Haque, Aptab Uddin, Goach Uddin and the accused-appellant were assaulting Abdul Sahid and Mustafa Uddin. The informant found his younger brother Kamaruddin seated there with bleeding injury in his hand. On enquiry the informant learnt from Kamaruddin that Ayach Uddin inflicted injury in his hand by the stroke of dao. Mustafa Uddin and Abdul Sahid sustained bleeding injury on their head as a result of assault. The condition of Mustafa Uddin was precarious.

(3.) On the basis of the above information Churaibari P.S. registered Case No. 13(6)83 under sections 148/149/325/307 of I.P.C. against seven accused. Churaibari P.S. after investigation of the case submitted charge-sheet against seven accused u/s. 148/149/325/302 of I.P.C., before the learned Sub-Divisional Judicial Magistrate, Dharmanagar on the basis of which G.R. Case No. 295 of 1983 was registered against the seven charge-sheeted accused which was subsequently committed to the Court of Sessions. Charge u/s. 149/302 of I.P.C. and 149/324 of I.P.C. was framed against the seven accused-persons by the learned Additional Sessions Judge, Dharmanagar. The charge was read over and explained to the accused in Bengali who pleaded not guilty and claimed to be tried. At the commencement of hearing before the learned Additional Sessions Judge, learned Special Public Prosecutor pointed out that there is certain mistake in the name of some of the accused in the charge already framed for which the name of the accused has to be corrected by amending the original charge framed. Accordingly amended charge-sheet was framed after correcting the name of the accused keeping the text of the charge earlier framed unaffected. Amended charge was also read over and explained to the accused in Bengali to which each of them pleaded not guilty and claimed to be tried.