EMPEROR Vs. AKBAR MOLLA

JUDGEMENT

(1.) This is a reference under Section 307 of the Criminal Procedure Code in respect of six accused persons; they were tried jointly with four others who have been acquitted by the Court below.

(2.) The circumstances antecedent to the prosecution may be briefly stated. There was a long standing dispute with regard to the possession of a tract of land whereof the Chowdhuries were the Zemindars. The case for the prosecution is that on the 9 August, 1922, the party of the accused made an attempt to take forcible possession of the land with the result that violence was used on both sides. Two persons named Sariat and Sarafat were shot. Sariat died in hospital on the 11 August, 1922; Sarafat survived and has given evidence at the trial in support of the prosecution. The case for the defence is that the land was in the possession of the party of the accused and that the complainants were the aggressors. It is further asserted that the complainants in their desire to obtain forcible possession requisitioned the services of Sariat and Sarafat.

(3.) There was thus a clear-cut divergence between the two sides upon a pure question of fact and evidence was adduced in great detail upon the subject of possession. That evidence was fully summarised by the Sessions Judge in his charge to the Jury and has also been placed before us on behalf of the Crown. The Sessions Judge in the course of his summing up clearly analysed the points which required decision, and he correctly stated that the fundamental question was, which side was in possession of the disputed property The Jury evidently accepted the view that the complainants were the aggressors and that they endeavoured to obtain forcible possession of the property which was in the occupation of the accused party. The result was that they brought in a unanimous verdict of not guilty upon all the charges against all the accused persons.