HASSENULLA SHEIKH Vs. EMPEROR

JUDGEMENT

(1.) Hassenulla Sheikh has been sentenced to death by the first Additional Sessions Judge of Mymensingh and the proceedings have been submitted to this Court under Section 374 of the Criminal P. C.. Hassenulla Sheikh has also appealed against his conviction and so have two other accused, Rezatulla Sheikh and Tamez Sheikh who were convicted at the same trial. Hassenulla presented a separate jail appeal, and also a joint appeal on behalf of the three accused was filed by their pleader.

(2.) In addition to these three appellants, one Farid Sheikh was also tried with them. Hassenulla Sheikh was charged on two separate counts with having committed murder of two persons, Moulavi Mahjazal Huq and Kaimulla. The other three-accused were charged on two separate counts with having, in furtherance of the common intention of all, committed murder of these two persons, offences punishable under Section 302, read with Section 34 of the Indian Penal Code. Rezatulla was further charged with having voluntarily caused hurt to Kaimulla with a cutting instrument. The jury unanimously found farid Sheikh not guilty giving him, as they said, the benefit of the doubt. By a majority of four to one they found the other three accused guilty on all the charges framed against them. The Sessions. Judge sentenced Hassenulla Sheikh to death and the other accused to transportation for life.

(3.) The facts of the case according to the prosecution evidence are as follows : The murdered man Moulavi Mahjazal Huq was a Zemindar of Chikajani in the Jamalpur Sub-Division of the Mymensingh District. The three appellants and the father of Farid were his tenants and had been refractory since the year 1327 B.S. supporting the claim of the Moulavi's son-in-law Abu Mia that the land held by them had been given to Abu Mia's wife. A criminal case had been instituted by Mohammed Nuruddin (P.W. 28), the Moulavi's gomostha, on the allegation that execution of a decree against Tamez had been resisted. Tamez, Farid and others were accused in that case. The case was fixed for hearing at Jamalpur on the 4 December last and the Moulavi and Nuruddin were there on that date. Nuruddin returned home that night and was told to send some one to meet the Moulavi the following night. On the night of the 5th December, the Moulavi arrived at Prodyotnagar Railway Station at about 10 p.m. and was met by two of his servants Kaimulla, a barkandaz, and Imam Sheikh (P.W. 6). They went towards Chikajani going through some fields till they reached a Local Board Road running North and South parallel to the railway line. It was the night after the full moon. Kaimulla went first carrying the Moulavi's bundle of clothes and Imam Shoikh followed behind the Moulavi carryin some radishes, plantains and a water pot. When they had gone about three quarters of a mile from the railway station they were attacked by the four accused persons. Hassenulla stabbed the Moulavi on the back with a knife. Kaimulla then soiled Hassenulla, but was attacked by Kozatulla who out him with a banki dao on the head. Kaimulla in consequence let Hassonulla go and seized Rezatulla. Hassenulla then stabbed Kaimulla on the back. After that the accused ran away. Imam who had not been touched ran to the Moulavi's bari and returned with Azizul Huq (P.W. 21), a son of the Moulavi and Bhadu and O. Miz (P.Ws. 22 and 23), two servants of the Moulavi's younger brother Fazlal Huq (P.W. 30), Before Imam's return with these witnesses Azijar Eahaman, Amizuddin and Joynulla (P.Ws. 13, 12 and 19) who were also returning from the railway station came to the place of occurrence. They found the Moulavi being supported by Kaimulla and both were bleeding. News was sent to Anizul a father Golam Wahed (P.W. 20) and when he arrived on the scene the Moulavi was dead. Golam Wahed sent for palki bearers, and the dead and the wounded man were carried to the Dewanganj Police Station. There the Sub-Inspector Jagatbandhu Biswas (P.W. 31) commenced taking a first information from Kaimulla. As Kaimulla commenced vomitting, the Sub-Assistant Surgeon of the neighbouring Dispensary Monlavi Wahod Ali Khan (P.W. 3) took him there for treatment. The Sub-Assistant Surgeon gave Kaimulla some medicine and bandaged his wound. He then sent for the Sub-Registrar Sudhansu Bhusan Roy (P.W. 4) to take his dying declaration. After this had been recorded Kaimulla was taken back to the thana where the Sub-Inspoctor finished recording his first information. It was then about 1 A.M. and Kaimulla and the dead body were sent to Jamalpur. Kaimulla was admitted to hospital at 7 A.M. on the 6 December the Assistant Surgeon in charge, Dr. Jamini Kanta Sen Gupta (P.W. 2) considered his condition critical, so sent for the Magistrate to record his dying declaration. The Deputy Magistrate Babu Dinendra Nath Saha (P.W. l) reached the hospital at 8 A.M. and recorded Kaimulla's statement. Kaimulla died the next day at 1:30 P.M. When his body was removed from the bed, a bundle of notes of the total value of Rs. 205 was found. The accused were all arrested on the 6 December.