IBRA AKANDA Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from convictions and sentences under Section 304 (2), Indian Penal Code, read with Section 34. The four appellants were tried by the Sessions Judge of Pabna and Bogra and a common jury. There was a charge under Section 304/34 against all four appellants, and a separate charge under Section 324, Indian Penal Code, against appellant Ibra Akanda. The jury returned a unanimous verdict of guilty under Section 304 (2)/34, Indian Penal Code, against all four appellants, and of not guilty in respect of the separate charge under Section 324, Indian Penal Code, against Ibra Akanda. The learned Judge agreed with and accepted this verdict; he acquitted Ibra Akanda of the charge under Section 324, Indian Penal Code, and convicted all four accused on the remaining charge. He sentenced Ibra and Rayis, appellants, under Section 304 (2)/34, Indian Penal Code, each to undergo rigorous imprisonment for ten years; and in view of the age of the one and the youth of the other, he sentenced Abad and Josi under Section 304 (2)/34, Indian Penal Code, each to undergo rigorous imprisonment for five years. Hence this appeal.

(2.) The prosecution story is briefly as follows:

(3.) On 8 June 1942, Mafiz of Narayanpur, P.S. Dhunat was returning home from the hut at about sunset. He was waylaid by the four appellants, who all belong to one family, Ibra Akanda appellant, stabbed him with a spear (fala) an the other appellants belaboured him with lathis. At that time a constable and some other men were assembled in the house of Manik Munshi near by, in connexion with the investigation of a theft case. Attracted by Mafiz's shouts they came to the place of occurrence, recognised the assailants and heard Mafiz's account of the incident. Mafiz was carried home, but died about two hours later. The usual investigation followed, and charge sheet was submitted against the four appellants with the result stated above.