ALIMADDIN NASKAR Vs. EMPEROR

JUDGEMENT

(1.) There are two appeals before us, and a reference under Section 374 of the Criminal Procedure Code. The circumstances are as follows. It is said that the accused had a quarrel with the family of one Momrej, and that one night they went to his house and set fire to the hat in which Momrej and his two wives and some children were sleeping: the inmates of this hut were not allowed to escape, and they were all burned to death. In other huts Entaz and Bibijan were sleeping, and they were also killed.

(2.) The Committing Magistrate framed charges under Section 120B, read with Section 302, of the Indian Penal Code, and under Section 302 of the Indian Penal Code, and Section 436 of the Indian Penal Code. The learned Judge made changes in the charge under Section 120B read with Section 302 of the Indian Penal Code. The jury was unanimous in finding all the accused guilty on all the charges. The Judge agreed with the verdict and sentenced two of the men to death, and the others to transportation for life. Hence the two appeals and the reference. Objection is taken on behalf of the appellants that the trial was vitiated by the charges. It is said that there has been misjoinder of charges and also of persons.

(3.) It must be conceded that a crime of such a wholesale nature presents considerable difficulty.