EMPEROR Vs. NAJIBUDDIN

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Patna who found himself unable to accept the verdict of a jury in respect of the five accused persons before us. The case originated in a riot which took place in village Khaira, P.S. Silao, at about sunset on Wednesday, 20 April 1932, which was the fourth day of Bakrid. It resulted in the death of two persons, Karu Singh, who expired within an hour or two, and Sham Lal Sonar who died in Behar hospital at 11-45 the following morning. Five other Hindus are said to have received injuries, namely Chhedi Hajjam, Ganga Singh, Chamari Singh, Mosafir Singh and Saudagar Chamar.

(2.) The prosecution case was that the Mahomedans of Khaira and other villages formed a mob of about 300 men having as their common object to assault or murder the Hindus of Khaira, and in pursuance of that common object several members of the mob committed the murder of Karu Singh and Sham Lal Sonar, caused grievous hurt with deadly weapons to Mosafir Singh, caused hurt with a sword and lathis to Saudagar Chamar and caused simple hurt to Chhedi Hajjam, Ganga Singh, and Chamari Singh. Nineteen persons, all Mahomedans, were charged before the Magistrate who committed 17 of them for trial by the Court of Session.

(3.) The jury, unanimously in some cases and by substantial majority in others, found all the accused not guilty. The Sessions Judge has accepted this verdict in respect of twelve of the accused, and has referred to the High Court the case as against the five persons before us, Najibuddin alias Naju, aged 45, Nurul Hasan, aged 48, Raju Shah, aged 42, Chhotan Shah, aged 46, and Nasir Mian, aged 50. The accused individually each denied participation in the occurrence in which the Hindus named above came by death or injuries. A general defence was also propounded in a written statement that the Hindus of the locality resented the performance of kurbani by Musalmans of Khaira, and after making secret preparations made an armed attack on the Mahomedans, that some Musalmans of neighbouring villages came to the rescue of the Musalmans of Khaira and injuries were received on both sides.