AJGAR SHAIK Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by three persons Ajgar Shaikh, Soleman Shaikh and Ekabbar Shaikh. They were trie d by the learned Sessions Judge of Khulna with the aid of a jury. The jury found Ajgar and Soleman guilty under Section 326 and also under Section 447, I.P.C. The learned Judge sentenced Ajgar to one year's rigorous imprisonment under Section 326 and Soleman to six months rigorous imprisonment under Section 326. The jury also found Ekabbar guilty under Secs.323 and 447, I.P.C. The learned Judge sentenced him to six weeks rigorous imprisonment under Section 323. The learned Judge sentenced all the three appellants to one month's rigorous imprisonment under Section 447, I.P.C. The sentences under Section 447 in the case of all the accused persons were to run con-currently with the sentence under Secs.326 and 323, I.P.C.

(2.) The facts very briefly are these: There are three brothers Bahadur, Sadeq and Kabiladdi, who live in the same or adjacent homestead. Bahadur is the father of the three appellants now before the Court, In the yard of Kabiladdi there is a certain plum tree which is apparently the cause of the present trouble. On the day of occurrence Maminaddi, the son-in-law of Kabiladdi, cut a branch of the plum tree. Bahadur objected to the tree being cut. Maminaddi apparently then went away. When Kabiladdi returned from a market to which he had gone he was fold what had happened. On this a quarrel arose between Kabiladdi on one side and Bahadur on the other. Apparently the quarrel took place from their respective houses. Then Bahadur and the three present appellants rushed up to the plum tree, Ekabbar and Bahadur carrying lathis and Soleman and Ajgar carrying axes. Apparently they had an idea of cutting down the plum tree by force. Ajgai hit the tree several times with his axe. Kabiladdi then came up to the tree when Ekabbar hit him on the head with a lathi. Kiamaddi, the son of Kabiladdi, then ran to the help of his father Kabiladdi. He was also beaten on the head with a lathi by Ekabbar. Soleman hit him on the elbow with an axe and Ajgar hit him on the back and the waist with an axe. Hearing the row Sadeq came to the scene. He was also beaten on the head with a lathi by Ekabbar. Soleman then hit him on the back with an axe. Ajgar also hit him on the back with an axe. Bahadur and Ekabbar beat Sadeq with lathis. This is shortly the case for the prosecution.

(3.) The defence admits to some extent the incident of the afternoon. With regard to the fight in the evening Ajgar says he was not at home at the time, Bahadur says he was lying ill at home. Soleman admits some sort of occurrence but his version being that the plum tree belongs to Bahadur, that there was an altercation over it between their mother on one side and Kabiladdi on the other, that their mother protested when Kabiladdi proceeded to cut the tree, that Kabiladdi thereupon was about to assault their mother who fell down on the ground, that they ran to her assistance on which Maminaddi hit Ekabbar with a spear and that Soleman also received some injuries from the axe in the hand of Kabiladdi, whether intentionally inflicted or not he could not say.