MUSLIMUDDIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge, West Tripura, Agartala dated 30.8.1986 passed in Sessions Trial No. 8(W.T/S)84 whereby learned Additional Sessions Judge convicted the appellants for commission of the offence under Section 147 of IPC and also for commission of the offence under Sections 149/326 of IPC and sentenced them thereunder to suffer R.I. for 6 months sand 5 years respectively.

(2.) The facts of the case as set-out by the prosecution witnesses may succinctly be summarised as follows : Prior to the occurrence which took place on 14.9.1981 at about 7.30/8 P.M. deceased AH Noaj had some dispute with accused persons, namely, Muktul Hossen, Alek Hossen, Habil Miah and Farid Miah in respect of irrigating his land. The lands of the aforesaid accused are near the land of deceased All Noaj. This dispute for irrigation of the land took place about a year prior to 14.9.81 and with respect to this dispute a criminal case was also pending between the parties.

(3.) On 14.9.81 at about 7.30/8 p.m. Nurul Haque the informant (P. W. 1) who is the son of deceased Ali Noaj along with one Basu Choudhury (P.W.3) of his village Barnarayan started from his house to go to their Club, namely, "Amra Tarun Dal". But as they went near the house of Anu Miah they found Michil Miah, Alek Hossen and Abdul Hekim moving on the road with lethal weapons, namely, lathi, cheni dao etc. in their hands. On seeing them with lethal weapons Nurul and Basu were frightened and hence they hurriedly moved towards the river Gumati. But no sooner had they moved towards the river than Alek Hossen and others started abusing them and at that time many other people came there. It was alleged that accused Muslim Miah assaulted Nurul Haque on this left hand and another person struck a blow on the hand of Basu by means of a dao and Basu in order to save himself jumped into the river. Almost simultaneously the other accused persons came out of the house of Anu Miah with lethal weapons, namely, cheni dao, lathi in their hands. On hearing the shoutings Ali Noaj, the father of Nurul Haque and Sekendar Ali, uncle of Nurul Haque came out of their house and rushed towards the house of Anu Miah. But, as soon as they came to the northern side of the house of Anu Miah, the accused persons, namely Fazal Haque, Abdul Kasem, Anu Miah, Kamala Khatun, Muktul Hossen, Habil Miah, Farid Miah alias Basu, wife of Likmat Ali, Abdul Aziz and some other persons came out of the house of Anu Miah with cheni dao, lathi in their hands and attached Ali Noaj and Sekendar Ali. In course of the attack, the aforesaid assailants struck blows on the bodies of Ali Noaj and Sekendar Ali by means of the lethal weapons they had in their hands. It was alleged that accused persons, namely, Abdul Hakim, Alek Hossen, Amir Hossen, Fazal Haque, Muslim Miah and Abdul Aziz struck blows in the person of Ali Noaj and accused Fazal Haque. Farid Miah and Habil Miah struck blows on the person of Sekendar Ali by means of lathi and Cheni dao and as a consequence of that violent beating Ali Noaj fell down on the ground and died within a few minutes. Sekendar Ali also fell down on the ground due to this violent beating. Some other persons, who also rushed to the scene of occurrence were also not spared. However, on hearing the cries raised by Nurul Haque and others some people rushed to the scene of occurrence, but by that time the assailants fled away.