EMPEROR Vs. KEAMATALI SHEIKH

JUDGEMENT

(1.) In this case the accused Keamatali Sheikh has been convicted on the unanimous verdict of the jury under Section 302, Indian Penal Code, and has been sentenced to death by the Additional Sessions Judge of Mymensingh who has referred his case for confirmation to this Court under Section 374, Criminal P.C. The accused has also appealed. Three other accused, Isof Ali, Sabed Ali and Samar Ali were tried along with Keamatali Sheikh on a charge under Section 302/109, Indian Penal Code, and have been convicted on the unanimous verdict of the jury under Section 324/109 of the Code and have been sentenced to three years rigorous imprisonment each. These have also appealed. Keamatali Sheikh was also charged and tried under Section 324, Indian Penal Code, but no verdict was taken from the jury on this charge. The prosecution case was that on 24 August 1941 two cattle of the accused Keamatali Sheikh damaged the crops of one Keamat Akanda who was taking them to the pound when the four accused together with another named Hasen Ali came to rescue the cattle; The accused Isof Ali pushed Keamat Akanda down into a field by the aide of the road and Sabed Ali and Samar Ali held him down when Keamatali Sheikh took out a pocket knife from his waist, Opened the blade with his teeth and stabbed Keamat Akanda with it into the Btomach just above the navel. The medical evidence is that death would be the natural consequence of the injury caused. Ahed Ali Akanda, P.W. 1, attacked Keamatali Sheikh with a stick and was in turn caught hold of by the accused Samar Ali. Keamat Ali Sheikh then struck Ahed Ali with a knife causing a out wound. P.W. 9 Shahed Ali Akanda then came up and hit Keamat Ali Sheikh with a wooden club knocking the knife out of his hand.

(2.) The occurrence had taken place just before noon. The witnesses carried Keamat Akanda home and later took him to the Dhalla Charitable Dispensary. From there they set out to take him by train to Mymensingh but missed the train and so brought him back to the dispensary. At about 4 O clook witness Habibulla Akanda, P.W. 10, left the place for the Thana which he reached at 8-35 P.M. and there he lodged the first information. In the mean time as the condition of Keamat Akanda became precarious, the doctor Paramesh Chandra Majumdar, P.W. 8, recorded his dying declaration. The deceased died at 8-30 P.M. that night. In his dying declaration he stated: My name is Keamat Ali Akanda. My father's name is Akbar Akanda deceased. My home is at Bharbhara. Keamat Sheikh son of Doli Sheikh of Bharbhara gave me thrust with a knife on my abdomen. His brothers Isof, Samar and Sabed Ali held me.

(3.) The first information does not mention the names of the three accused Isof, Sabed Ali and Samar Ali who, as stated in the dying declaration are brothers of Keamat Sheikh. The version there given is that Keamat Sheikh's cow came to damage the paddy of the deceased Keamat Akanda who drove the cow away. At that time Keamat Sheikh came and abused Keamat Akanda and there was an altercation between the two in course of which Keamat Sheikh caused a serious injury with a knife on the left side of the abdomen about the navel of Keamat Akanda. The first information also mentions that the informant Habibulla, P.W. 10, and others had taken the deceased to Dhalla for treatment. Keamat Sheikh was charged under Section 302, Indian Penal Code for causing death of Keamat Akanda and under Section 324 in respect of the injury inflicted on Ahedali. The other accused were charged with abetting the offence of murder committed by Keamat Sheikh.