MAZIDAR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant Mazidar Rahman was convicted in Sessions Case No. 12(D)/72 by the Sessions Judge, Goalpara, Under Section 302 of the Penal Code and sentenced to imprisonment for life.

(2.) THE prosecution case is that in the morning hours of 23rd April, 1970, the appellant together with Hamid Master, Didar Sheikh, Siraj Sheikh, Altaf, Amir Sheikh, Jokimuddin and some other persons went to the field of Nurul Sheikh (P. W. 7). Amir started damaging the paddy grown on his land by P. W. 7. P. W. 7 protested but to no effect. He then went home and informed his father (Jitu Hazi P. W. 2) and his brothers Harmuz (P. W. 11) and Naser. On arrival at the place of occurrence, Jitu found his son Mir Box (deceased) in his field. Bhula, Sattar (P. W. 12), Abdul Kalam and Omar Ali (P. W. 13) were ploughing in the field. Jitu protested against the act of Amir damaging the paddy seedlings but to no effect On the contrary, accused Hamid Master ordered assault whereat Amir and Siraj brought out some weapons kept concealed in the nearby field and handed them over to the accused persons Seeing the accused persons thus armed, Jitu and his party took to their heels, but no sooner had they reached Mir Box's land, than Altaf assaulted Mir Box with a lathi to which a ballam was fitted. Mir Box entreated not to kill Hamid Master again ordered further assault when the appellant pierced Mir Box with a ballam on his left chest. Seeing the assault on Mir Box, his brother Nurul (P. W. 7.) came forward for his rescue, but he himself was assaulted by some of the accused persons. A lathi blow was also given to Harmuz (P. W. 11) who was proceeding to help Nurul, Mir Box fell down in the adjacent land belonging to Sonaulla and died. Nurul also fell down near Mir Box. Many persons then collected on the spot when the accused persons left the place of occurrence.

(3.) A first class Magistrate at Dhubri, after preliminary enquiry, committed the appellant and 8 other persons, namely, Abdul Hamid, Altaf, Sirajul, Sattar, Kader, Didar Ali, Amir and Jakimuddin to the Court of Session to stand their trial Under Sections 147/323/324/302/149 of the Penal Code, and discharged the remaining four.