ABDUL RAHIM MIR Vs. EMPEROR

JUDGEMENT

(1.) In this case it appears that in the District of Faridpur on opposite side of the river Kumar there are two Hats, one at Kabirajpur on the south bank, one at Gosaidia on the north bank. The Kabirajpur Hat belongs to the Maharaja of Cossimbazar and one Dhulu Mia and is within the jurisdiction of the Rojair Police Station. The Gosaidia Hat belongs to an influential Zamindar named Krishna Das Roy and is within the Madaripur Station. The distance between the two Hats is some 670 yards and both sit on the same days, namely, Mondays and Fridays.

(2.) The case for the prosecution then was that the officers of the Rajair Police Station entered into conspiracy with the men of Cossimbazar and Dhulu Mia to suppress the Gosaidia Hat and in pursuance of that conspiracy, these Police Officers, Chowkidars and others, the men of Cossimbazar and Dhulu Mia, some 50 to 60 in all, armed with guns, spears and Lathies, marched in a bony against Gosaidia. When they had proceeded some distance, they were met by two of Krishna Das Roy's caretakers named Ulfat and Meher, who sought to bar their progress. An altercation ensued and in the course of the altercation constable Abdul Rahim Mir fired, shooting Ulfat and constable Benode Bandhu Banerjee similarly fired, shooting Meher. Ulfat died of his injuries on the following day.

(3.) Five parsons were placed on their trial, namely, Abdul Rahim, Benode Bandhu Banerjee and three others, Sitanath De Dafadar, Sonaulla Chaukidar and one Rafi Mia. The charge against Abdul Rahim was that he had caused the death of Ulfat and so committed the offense punishable under Section 302 or Section 204 of the Indian Penal Code. Against Benode Bandhu there was a charge under Section 426 of causing grievous hurt to Meher, and against him and the last named three there were further charges of rioting, and, in reference to the Act of Abdul Rahim and the death of Ulfat, of committing the offense punishable under Section 304 read with Section 149 of the Code. In these charges the common object of the unlawful assembly in the course of which rioting and the other offences charged were committed was set out as being "the common object of assaulting the people of Gosaidia Hat and of raiding and breaking up of the said Hat."