STATE OF ASSAM Vs. AJGAR ALI

JUDGEMENT

(1.) On difference of opinion that arose between two Hon'ble Judges of this Court on prescription of conviction and punishment in the appeal against acquittal, it has been referred to me to express my views and opinion.

(2.) Every country has its own crime complex and dilemma of punishment. Court is broadly concerned with the facts and circumstances of a particular case connected with the particular crime under enquiry. All such facts and circumstances are capable of being proved in accordance with the provisions of the Indian Evidence Act in a trial that regulated by the provisions of Criminal Procedure Code.

(3.) The few necessary facts may be narrated to bring up the legal issue in its real setting. The occurrence relating to this appeal arose a decade back while on 12-11-73 the motor boat 'Omar' started development of engine trouble. The greaser of the boat Azad Ali Akand, P.W. 2 and the Master Chotelal Choudhury, P.W. 1 informed at Dhubri Ghat that the boat was set on fire causing complete damage to the vessel by some persons led by accused Ajgar Ali, Rofiqual Islam, Musa Alias Hazarat Ali, Awal Sekh, Nuruzzamal Molla and Bakhtar Ali. It was alleged that they abused and assaulted the staff of the boat. The ejahar was lodged on the same day at about 6.30 p.m. to the above effect. After investigation all the six persons as noted above who were passengers of the boat were charge-sheeted under S.147/438/352, IPC, but they stood their trial under Section 438/34, IPC. The learned trial court acquitted all the accused. This is how the State preferred this appeal against acquittal.