KASIM ALI AND ANR Vs. THE KING

JUDGEMENT

(1.) This is an appeal by one Kashim Ali and Fatik Sheikh against their convictions and sentences passed by the learned Sessions Judge, Lower Assam Districts upon a unanimous verdict of guilty brought by the Jury, the appellant Kasbim Ali having been sentenced to transportation for life Under Section 302, Penal Code and 2 years' R. I. Under Section 148, Penal Code the sentences to run concurrently; the appellant Fatik Sheikh having been sentenced under Ba. 802/149, Penal Code to transportation for Hie.

(2.) Dne Mfc. Dalimannessa was married to one Badaruddin, a son of the deceased Yad Ali. Adarjan, a daughter of Yad Ali, was married to the appellant Fatik Sheikh. For some 3 or 4 years, Mt. Dalimannessa had ceased to live with her husband, Badaruddin, and was living With her parents. While Dalimannessa was living with her parents, she was once abducted by the appellant, Fatik Sheikh, and detained in bis house for some ;3 months. Fatik Sheikh then divorced bis wife, Mt. Adarjan. Badaruddin, the husband of Dalimanneasa, thereupon filed two criminal cases against the appellant Fatik. During the investigation of these case, Mt, Dalimannessa waa recovered by the Police about a year before the present murder and was handed over to her parents.

(3.) On 11th July 1948, at about 1 A.M., some 10 to 15 persons came to the house of Badaru-din, and shouting from outside the house, asked Badaruddin to hand over Dalimannessa to them. Badaruddin answered back saying that his wife was not therQ. The intruders then went to the house of Yad Ali, the father of Badaruddin. Yad Ali's house was next door to that of Badatuddin. The appellant Kaeim is alleged to have asked Yad Ali to hand over Mt. Daliman-neesa to them. Yad Ali said Dalimannessa was not in his house, whereupon the two appellants entered the house of Yad Ali and, when they did not find Mt. Dalimannessa, Kasim who was armed with a spear, pierced Yad Ali in the region of his chest. This attack upon Yad Ali was witnessed by his wife, Fulmala, and his divorced daughter, Adarjan. As a result of the injury, Yad Ali fell to the ground, On alarm being raised, the two appellants left the house of Yad AH and disappeared along with their companions. After the appellants had disappeared, Dalimanneesa, Badaruddin and his brother, Kadam Ali, Game to the house of Yad Ali. Shortly afterwards, some neighbours also arrived. Yad Ali who was still alive, was then taken to the Barpeta hospital in a boat. Yad Ali's brother, one Abed Ali, reported the matter to the Police. Yad Ali died the following day. On completion of the investigation, the two appellants and two others were sent up for trial, but the appellants only were convicted and sentenced by the learned Judge for the murder of Yad Ali.