ELEM MOLLA Vs. EMPEROR

JUDGEMENT

(1.) The two accused were placed on their trial before the Sessions Judge, Faridpur, charged, under Section 302 of the Indian Penal Code, with having committed murder by causing the death of one Nowai Khan. The two Assessors were of opinion that the guilt of the accused was not established by the evidence adduced. The Sessions Judge, however, disagreeing with the opinion of the Assessors, has found that the charge has been fully proved against them both, and has convicted and sentenced them to transportation for life.

(2.) Both the accused have appealed. The case against them was that they, with members of their party, had a long-standing feud with Nowai Khan and members of his party; that litigation had been going on between them for the past two years, and that a criminal case was pending on the 9 March 190 7. On that date the deceased, Nowai Khan, went to the Dignagar hat, which was in a neighbouring village, apparently about midday, and was returning home a little after dusk. While returning, he is said to have been waylaid by the two accused and some other persons, and to have been so severely beaten that he died from the effects.

(3.) The case for the prosecution is that the two witnesses, Nowai Sheik and adiluddi, were returning home from the Dignagar hat just after night-fall, on the 9 March, and when they reached a field, called Bhatpara field, they saw a man running towards them down the pathway, that as he came near them he left the pathway for the ploughed fields and then fell. They recognized the man to be the accused and ran Sheik. They asked him what he was doing there, but he gave us answer and ran away. They also saw she forms of other men running away. A few yards further on the road they came, across the deceased, Nowai Khan, lying in a wounded state. They questioned him as to who were his assailants, but he asked them to bring water. After water had been brought from a house colse by, he informed them that Aminduddi, Juran, and Surah had attacked him and wounded him in the manner in which they found him.