MUHIB ALI Vs. BASAN ALI

JUDGEMENT

(1.) THIS is an appeal directed against an order of acquittal passed on 8.5.1972 by Magistrate First Class at Karimganj in C. R. Case No. 2047, The incident happened as far back as on 4.12.1967 ten long years have rolled since. Delay of the nature, it seems to us, has come to stay in the administrative and forensic processes of our land. This is by the way.

(2.) THE Appellants excepting Basan All were put upon their trial to meet two charges, namely, (1) under Section 325, I. P. C. for causing simple hurt to P. W. 1 Muhib Ali, Sukkur and Siffat; and (2) under Section 379, I. P. C, for theft of fry from a tank belonging to the complainant. The Appellant Basan Ali was charged order Section 379, I. P. C and also under Section 326, I. P. C. for causing grievous hurt to P. W. 4 Must. Martubi.

(3.) THE prosecution story in short is that the complainant Muhib Ali (P. W. 1) was in possession of a tank and be exercised his right of possession over the tank; on the 4th day of December 1967, the appellant along with a number of persons came to poach in the tank and in fact caught fish worth about Rs. 800/ -. On this the complainant protested but was chased away. His sons and wife came to his rescue but they were beaten up by the Appellants. The injured persons were taken to the Doctor who treated them. Thereafter on the 6th of December. 1967 the complainant filed his complaint before the Criminal Court at Karimganj.