MOHAMED HABIB Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal on behalf of one Mohamed Habib who has been convicted by the Sessions Judge of Darbhanga, under Section 304, I.P.C., and sentenced to two years rigorous imprisonment. Two other persons, Abdul Sattar and Sheikh Salim, stood their trial before the same Court but they have been acquitted by the learned Sessions Judge. The occurrence is said to have taken place on 19 July 1939, at village Andhri which is at a distance of 12 miles from Police Station Darbhanga. On that date the Sub-Assistant Surgeon from village Sakri, which is at a distance of five miles from Andhri, was summoned to attend to the injuries on Wahab, at 8 P.M. He came and gave first-aid and advised them to take the injured person to the hospital.

(2.) Wahab was taken to the hospital hut he died without recovering consciousness. Habib, the present appellant, happens to be the youngest of four brothers. The eldest was Wahab, the deceased; the next was Razaque; and the third was Sattar. It is said that these brothers have got a cousin Saleem. The prosecution case is that Sattar and Habib were sitting at about 4 P. M. at the door of Saleem. Wahab went there and asked his brothers to take back the registered deed from the Registration Office and then divide the belagan lands, adding that delay would entail fine. The receipt happened to be in the name of Habib. Sattar and Habib refused;

(3.) Then Wahab asked for the receipt, so that he might take back the document. This led to an altercation and abuses, and on the orders of Ziarul Hague, who is said to be a father-in-law of Habib, to assault, Habib struck Wahab on the head with a lathi, and Saleem struck him on the right wrist. It is said that Sattar and Hafiz, son of Ziarul Haque, also struck Wahab with lathis. Wahab in self-defence hit Habib and Sattar. Wahab fell down senseless into a tank close by, and then the others turned on the complainant Razaque and chased him, but he ran away. Majeed is said to have taken out Wahab from the tank, and Wahab was taken to his own house.