TORAP ALI Vs. EMPEROR

JUDGEMENT

(1.) The appellants before us are five in number. They were tried by the Additional Sessions Judge of Bakarganj with the aid of a jury and have been convicted under Section 147 of the Indian Penal Code. The Appellants 1 and 2 have been sentenced to suffer rigorous imprisonment for a period of six months, while the Appellants 3 to 5 have been sentenced to suffer rigorous imprisonment for a period of one year.

(2.) The facts giving rise to the prosecution shortly stated, are as follows: On the 4th December 1924, the complainant, Chootoo Fakir, married a widow named Hatiman as his third wife with her free consent. Hatiman had two brothers, namely, the Appellants 4 and 5. Their consent was not taken to the marriage, the marriage being celebrated at the place of Hatiman's deceased husband, Elimaddi Mridha, and registered on the 4 December 1924. Since the date of the marriage Chootoo and Hatiman lived as man and wife. On the 20 December 1924, the Appellants 4 and 5 tried to take Hatiman away forcibly but failed in their attempt. Hatiman thereafter filed a petition against her brothers on the 23 December 1924, under Section 107 of the Criminal Procedure Code. Meanwhile the Appellants 4 and 5 went to the local zemindar and prayed for his help in the matter of taking away Hatiman from her husband. The zemindar called both parties before him, and on looking at a copy of the entry in the marriage register, and being satisfied therefrom that Hatiman had married Chootoo with her own free will, he informed the Appellants 4 and 5 that he could not help them in any way. Some time thereafter Hatiman, her step-son, Sabed Ali, and her husband Chootoo were returning home in a small boat. The five appellants before us, along with various other persons, came up in boats and attacked the people in Chootoo Fakir's boat. Sabed Ali and Chootoo were beaten and thrown into the river, and the appellants with the help of others forcibly carried off Hatiman. It is suggested that their object was to marry her to a man called Lehajuddi. Chootoo lodged a complaint with the panchayat and with the local zemindar on the 27 December 1924, and he filed a complaint before the Magistrate on the 2 January, 1925. The appellants with some others, were thereafter sent up for trial.

(3.) The charges against the accused were three in number and they were as follows: That you, on or about the 27 December 1924, at Jalabari river, p.s. Swarupkati, were members of an unlawful assembly, and in prosecution of the common object of the assembly viz., to abduct Chootoo Fakir's wife, Hatiman Bibi, with intent that she will be compelled, or knowing it to be likely that she will be compelled, to marry somebody else against her will committed rioting, and thereby committed an offence punishable under Section 147 of the Indian Penal Code.