SURENDRA LAL DAS Vs. EMPEROR

JUDGEMENT

(1.) The appellants who are five in number were tried along with another person named Abudas by the learned Sessions Judge of Sylhet with the aid of a jury. The charges on which the accused were tried were as follows: There was a charge against all the accused persons under Section 148, Indian Penal Code, and another charge under Section 304 read with Section 149, Indian Penal Code for causing the death of one Bodhi Namasut. As against the appellants Nos. 1, 2 and 3, there was a further charge under Section 304 read with Section 34, Indian Penal Code, and as against the appellant No. 5 there was also a charge under Section 201, Indian Penal Code. Against the appellant No. 4 there was a further charge under Section 326, Indian Penal Code, for causing grievous hurt to one Jnan Namasat.

(2.) The jury were unanimous in their verdict. So far as Abudas was concerned, they unanimously found him not guilty of the offences with which he was charged and the learned Sessions Judge agreeing with and accepting their verdict as regards him acquitted him. With regard to the present appellants, the jury found them all guilty under Section 148, Indian Indian Penal Code, with regard to appellants Nos. 1, 2 and 3, they found them also guilty under Section 304 read with Section 34, Indian Penal Code. As to appellant No. 4, they further found him guilty under Section 323, Indian Penal Code, and as to appellant No. 5 under Section 201, Indian Penal Code.

(3.) The learned Sessions Judge agreed with the unanimous verdict of the jury in so far as they found the appellants Nos. 1 and 4 guilty under Section 148, Indian Penal Code and the appellants Nos. 1, 2 and 3 guilty under Section 304 read with Section 34, Indian Penal Code. But he was of opinion that the appellants Nos. 2, 3 and 5 should have been convicted under Section 147, Indian Penal Code, rather than under Section 148, Indian Penal Code, and that the appellant No. 4 should have been convicted under Section 326, Indian Penal Code, rather than under Section 323, Indian Penal Code; and not being willing to differ from the unanimous verdict of the jury, he accepted the same and convicted the present appellants of the offences in respect of which the jury found them guilty and sentenced appellant No. 1 under Section 304 read with Section 34, Indian Penal Code, to seven years rigorous imprisonment and appellants Nos. 2 and 3 to five years rigorous imprisonment each under the same section-no separate sentence being passed on these three accused persons under Section 148, Indian Indian Penal Code. The appellant No. 4 was sentenced to two years rigorous imprisonment under Section 148, Indian Penal Code-no separate sentience being passed on him under Section 323, Indian Penal Code, and appellant No. 5 was sentenced to rigorous imprisonment; for two years under Section 201, Indian Penal Code-no separate sentence being passed on him for the offence under Section 148, Indian Penal Code.