RASED MOLLA Vs. EMPEROR

JUDGEMENT

(1.) The appellant, Rased Molla was placed on trial before the learned Sessions Judge of Khulna on a charge under Section 304, Indian Penal Code in that on 30-11-1942 ho committed culpable homicide not amounting to murder by causing the death of one Samarthaban Bibi. The jury unanimously returned a verdict of guilty under Section 326, Indian Penal Code and in agreement with that verdict of learned Sessions Judge convicted the appellant and sentenced him to rigorous imprisonment for two years.

(2.) The facts material to the disposal of this appeal are as follows. On 30-11-1942 the accused Rased Mella along with some other persons went to reap the paddy of a plot of Land close to the house of one Samarthaban Bibi, a woman 70 years of age. Samarthaban Bibi was actually in possession of this plot of land which she cultivated through her bargadar, one Gagan, when the appellant and his party began cutting paddy from the land. Samarthaban Bibi went to the spot with a dao in her hand, protested against their conduct and asked them to stop reaping the paddy. One of their number Rajabali by name snatched away the dao from her hand. Thereupon, under the orders of Rajabali the present appellant Rased Molla inflicted a spear blow on the abdomen of Samarthaban Bibi. The disturbance attracted the attention of neighbours who came in a body and were informed of the occurrence. At about noon Samartbaban Bibi was taken in a boat to the police outpost where a first information was lodged. Thereafter she was taken to the Bagerhat Hospital at about 9:30 P.M. and as her condition was serious her dying declaration was recorded by a Sub-Deputy Magistrate. She died in the early hours of 1-12-1942.

(3.) The police proceeded to investigate the matter but did not take any step against the accused and so a naraji petition was filed by Samarthaban Bibi's bargadar Gagan before a Magistrate. Thereafter Samartbaban Bibi a daughter one Ayesha Bibi filed a petition before a Magistrate implicating Gagan as an accused. The police were ordered to hold an inquiry into the petition of Ayesha Bibi. They submitted a charge-sheet against Gagan and he was subsequently sent up for trial before the Court of Session on a charge of murdering Samarthaban Bibi. The result was that he was acquitted. Thereafter the Magistrate took up the naraji petition which had been filed by Gagan and asked him to produce witnesses in its support. Gagan adduced evidence and on that evidence the present appellant was committed to the Court of Session to stand his trial.