EMPEROR Vs. ASGAR MANDAL

JUDGEMENT

(1.) In this case, five accused persons Asgar Mandal, Nasir Pramanik, Mahir Pramanik, Masir and Rahim Baksh were put on their trial before the Sessions Judge of Rajshahye and a Jury on charges under Sections 147, 148, 326, 307, 326/109 and 326/149, Indian Penal Code. The Jury returned a unanimous verdict of "not guilty" on all the charges. As the charges under Sections 147, 148 and 149, Indian Penal Code, turned upon the question of possession of the land where the occurrence took place and the evidence on that point was conflicting, the learned Judge accepted the verdict with regard to those charges and acquitted all the accused of offences under Sections 147, 148 and 149. This had the effect of acquitting Masir and Rahim Baksh altogether. The learned Judge was of opinion that the verdict on the charges under Sections 326, 307 and 326/109 was erroneous. He has accordingly referred the case of the three accused Asgar Mandal, Nasir Pramanik and Mahir Pramanik to this Court for decision under Section 307, Criminal Procedure Code.

(2.) The case for the prosecution was that in the village of Chak Mabadeb there were two factions, the co-sharers-in-interest in that village being on bad terms. The party headed by Elahi Bux (P. W. No. 1) claimed to have been in possession of a small piece of land, on which a cow-shed had existed up to two years ago and which since then had been cultivated by them by growing ole, man and other vegetables. The other party headed by the accused Nasir Pramanik claimed to have been in exclusive possession of this piece of land and they alleged that they had on the Wednesday before the occurrence in question erected a hut on that land. The prosecution case was that it was only on Friday, i. e., the day of the occurrence, that the accused s party came to erect the hut bringing poles, ropes and axes in order to put it up. Undoubtedly a dispute arose with regard to the erection of the hut, and, according to the prosecution case, Asgar Mandal, who was with Nasir Pramanik and his party, struck at Karim Baksh (P. W. No. 2) and felled him to the ground

(3.) The injury inflicted was somewhat serious. Karim Baksh was in hospital for over a month, and at one time his life was in danger and his declaration was accordingly recorded by a Magistrate. The medical evidence shows that, though the injury to his head was cured, he was suffering from facial paralysis which will probably be permanent and his left ear which was cut in two will always bear the soar.