EMPEROR Vs. YUNUS ALI

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Comilla under Section 307 in the case of three persons Yunus Ali, Abdul Waheb and Rahamannessa. They were all three charged under two counts: (1) that on or about the 26 of January, 1927, at Mudafar they conspired to murder one Aliban and so committed an offence under Section 120B read with Section 302 : (2) that on or about the same day at the same place they did murder Aliban and so committed an offence punishable under Section 302, Indian Penal Code. At the trial the learned Judge held that there was not a scrap of legal evidence that these persons did murder Aliban and he directed them to find a verdict of not guilty on that charge which they did. With regard to the charge of conspiracy the Jury by a majority of 5 to 2 found all the accused not guilty. The Judge disagreed with the verdict holding they should be found guilty of conspiracy. One difficulty at once arises in my mind on the facts as alleged and proved, if the three accused were not the actual perpetrators there is no evidence of any sort that they conspired to commit the murder. Of the facts proved the one relied on to prove conspiracy is the fact that these three accused happened to be together at the house of Rahamannessa, one of the accused, where the victim Aliban was staying on the night of the alleged murder.

(2.) All the other evidence is simply evidence to show that the girl was murdered. Obviously, the mere presence of the accused at the house where Aliban was staying would not be by itself convincing evidence of conspiracy to murder her unless it can be shown that they were in some way connected with the murder.

(3.) The only evidence to prove this is the alleged fact that Aliban was murdered. There is no evidence to show or suggest nor indeed do the prosecution suggest that if it was not the accused it was by some one instigated by the accused that Aliban was murderediand as far as I can see the case of the prosecution was that it was the accused who actually committed the murder.