ISMAIL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment and order of conviction dated 19.4.95 as passed by Sessions Judge, Karimganj in Sessions Case No. 36/94, thereby holding the Appellants guilty of offences punishable under Sections 302, 323 read with Section 149 IPC.

(2.) The accused Appellants have been convicted under Sections 302/149/147 and 323 of the Indian Penal Code by the learned Sessions Judge, Karimganj in Sessions Case No. 36 of 1994 arising out of G.R. Case No. 1000/ 92, sentencing the accused-appellants (1) and (2) to imprisonment for life and under Sections 302/149 IPC and under Section 148 of the IPC to rigorous imprisonment for one year and under Sections 323/149 IPC to rigorous imprisonment for 6 (six) months and the accused-appellants Nos. (3), (4), (5) and (6) under Sections 302/ 149 IPC to imprisonment for life each and under Sections 147 and 323 read with Section 149 IPC to rigorous imprisonment for six months.

(3.) Briefly stated, prosecution case was that on 12.10.92, around 4.30 P.M. the Appellants along with six others since acquitted by the trial Court, armed with weapons like dao, ballam, spear and lathis, committed criminal trespass into the paddy field of the deceased Abdul Sattar, who was making an outlet for flow of accumulated rain water by breaking an "ali" (a slightly raised boundary level from even soil surface to prevent flow of water). It was objected to by accused Ismail, whose land is contiguously situated to the southern side of the paddy field of Abdul Sattar. Ismail abused Abdul Sattar and asked him to refrain from letting the rain water flow into his paddy field which is at a lower level and at the time of incident there was no crop standing in Ismail's field as testified by P. W. 1, Abdul Hussain, son of the deceased.