EMPEROR Vs. KARIMUDDI SHEIKH

JUDGEMENT

(1.) The appellants in this case were tried by the Sessions Judge at Khulna and a jury on various charges. The verdicts were not unanimous. By a majority of 5 to 4 the jury found Easin Sheikh and Karimuddi Sheikh guilty under Section 148, I.P.C. and Jonabali, Haran, Lalit and Gopal guilty under Section 147. On a charge under Section 302, I.P.C., against Easim, the jury, by a majority of 6 to 3 found him guilty under Section 326, I. P. C On the other charges some of which were under Section 302, read with Section 34, the jury by a majority of 6 to 3 found the accused Karimuddi, Jonahali, Haran, Lalit and Gopal not guilty. The learned Judge agreeing with the verdicts of the jury, sentenced all the appellants to various terms of imprisonment under Secs.147 and 148, and in addition he sentenced Easin to seven years rigorous imprisonment under Section 326, I". P. G.

(2.) On the facts alleged an attack was made by these appellants with weapons upon the complainant's party owing to a dispute about the reaping of certain paddy. The appellants attempted to reap paddy from lands in the possession of the complainant's party. Saizuddi and his brothers who were members of the complainant's party noticed that the appellants were cutting the ripe paddy which belonged to the complainants. They went to the land and protested. The members of the appellant's party carried arms of various kinds. Saizuddi and his brothers were completely unarmed. The quarrel seems to have started with a statement made by Sashi of the appellant's party to Easin. Thereupon Karimuddi, one of the appellants, struck Dalu on the left arm with an atar. When the accused Jona. bali struck Dalu, Dalu raised his right arm to protect himself whereupon Easin stabbed him in the breast below the right collar hone. Dalu then ran a little way and fell. down. The other members of his party carried him a little way off near to a tank and tried to bandage his wound but in spite of this Dalu died. It was proved by the doctor that Dalu died c the injury inflicted by Easin. An investigation was made by the daroga, an several of the accused were found absent from their homes, and they were no brought to trial for several months after wards. Some surrendered within a month Easin was not arrested until five month after.

(3.) Various points have been taken on be half of the appellants. The first is the medical evidence was not properly dealt with by the learned Judge. The point seems to be this: There was evidence of members of the complainant's party to show that Dalu after being struck by Easin had run forward a certain distance. The estimates vary from over 100 cubits to something like 50 cubits. The doctor, on the other hand, was of opinion that from such a wound as this Dalu. would have fallen down almost immediately. In answer to the Judge he said that he might have run forward a certain distance possibly 29 ft. The argument therefore is that upon the evidence, Dalu could not have acted as is suggested by the witnesses for the prosecution. Their evidence is inconsistent with that of the doctor. In our opinion the learned Judge has dealt quite properly with this evidence. He dealt with it in detail and pointed out to the jury that all the measurements were simply rough estimates, that the evidence of the witnesses had been given nine months after the occurrence, that no witness had measured the distance, not even the daroga, and that merely because of such suggested contradiction it would be most unreasonable to acquit the accused, simply because the doctor's opinion did not coincide with these rough statements of distance given by the various witnesses. Not only was this not a misdirection, but it seems to us a reasonable and sensible way of discussing the evidence, and all the contentions in favour of the accused have been: placed before the jury by the Judge.