GOVERNMENT OF BENGAL Vs. NASAR DARZI

JUDGEMENT

(1.) This is an appeal by the Local Government against an order of the Additional Sessions Judge of Dacca dated 3 September 1927, acquitting the accused who are five in number of charges under Secs.148 and 302 read with 149, I.P.C. From what is stated below it will be seen that this is a most extraordinary case and it requires the interference of this Court.

(2.) The accused were tried before Mr. Waight, the Additional Sessions Judge of Dacca and a jury of charges under the sections referred to above.

(3.) The case for the prosecution briefly stated was as follows: That on 20 Chaitra last corresponding to 3 April 1927 at about half an hour before sunset one Naibali was returning home from a hat accompanied by P.W. 3 Nazamali, P.W. 4. Reazali, P.W. 5. Mahi and P.W. 7. Jinnat; that when they arrived at a spot south of the house of the accused Nasar and Ansar, Naibali was attacked by these persons who were armed with lathis and a spear and also by the accused Gyasuddin and Khawajuddin and by one Shamsuddin who were armed with daos; that Naibali fled south-wards across a field but was intercepted and seized by the accused Kitabdi, that the five assailants aforesaid came up and surrounded him and that Shamsuddi aforesaid struck him on the neck with a dao killing him instantaneously; that thereafter Gyasuddin, Khowasuddin, Kitabdi and Shamsuddin fled towards the south while Nasar and Ansar ran towards their house, that Reazali and Mohiuddin (P.W s. 4 and 5) attempted to seize those two accused but were struck with lathis and sustained severe injuries, that in support of its case, the prosecution examined 16 witnesses of whom P.W s. 1, 3, 4, 5, 7, 8, 11, 12, and 14 testified to having seen the occurrence and to having recognized all the assailants.