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G.R. Case No. 3218/2009
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
CACHAR:SILCHAR
G.R. Case No. 3218/2009.
u/s 147/447/352 I.P.C.
State of Assam.
-vs1. Md. Aklas Uddin,
2. Md. Moinul Haque,
3. Md. Faizul Haque,
4. Md. Mustafa Ahmed,
5. Md. Saidul Haque and
6. Md. Abdul Hussain Barbhuiya......Accused.
Present:- Shri Kaushik Hazarika, A.J.S.,
Additional Chief Judicial Magistrate,
Cachar, Silchar.
Advocates present:Mr. Moni Chayan Das Kanungo, Ld. Asstt. P.P...............For the State.
Mr. Suwaibur Ahmed Barbhuiya, Ld. Advocate..............For the accused.
Evidence recorded on
: 20-03-2013, 16-01-2014.
Argument heard on
: 03-12-2014.
Judgment delivered on : 03-12-2014.
JUDGMENT
1.
The prosecution case in brief is that on 07-09-2009 one Md. Abdul
Jalil lodged an ejahar before Katigorah Police Station stating inter alia
that on that day at about 7 A.M. when his sons, Md. Mujakkir Hussain
and Md. Babul Hussain were working in their paddy field, the accused
persons forming an unlawful assembly with dao, lathi etc. in their hands
illegally entered into his said paddy land, rebuked his sons using obscene
language and assaulted them with lathi causing grievous injuries on various
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G.R. Case No. 3218/2009
parts of their body.
2.
Upon receipt of the ejahar police registered a case and
investigated into the matter. After investigation police submitted charge
sheet against the accused persons u/s 147/447/352 I.P.C. When the accused
persons appeared before the Court necessary copies were furnished to them
and particulars of offence u/s 147/447/352 I.P.C. were explained to them to
which they pleaded not guilty.
3.
i)
POINTS FOR DETERMINATION
Whether the accused persons on 07-09-2009 formed an unlawful
assembly and in prosecution of the common object of such assembly inside
the paddy land of Md. Abdul Jalil committed the offence of rioting and
thereby committed an offence punishable u/s 147 I.P.C. ?
ii)Whether the accused persons on the aforesaid date, time and place
committed criminal trespass by illegally entering into the paddy land of
Md. Abdul Jalil with intent to commit an offence and thereby committed
an offence punishable u/s 447 I.P.C. ?
iii) Whether the accused persons on the aforesaid date, time and place
assaulted and used criminal force upon Md. Mujakkir Hussain and Md.
Babul Hussain otherwise than on grave and sudden provocation given by
said Md. Mujakkir Hussain and Md. Babul Hussain and thereby
committed an offence punishable u/s 352 I.P.C. ?
DISCUSSION, DECISION AND THE REASONS FOR THE DECISION:
4.
The prosecution examined the following witnesses in this case.
1. Md. Abdul Jalil P.W.1, 2. Md. Mujakkir Hussain P.W.2 and 3. Md.
Akaddas Ali P.W.3.
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G.R. Case No. 3218/2009
5.
The defence did not adduce any evidence in this case. The
accused persons were not examined u/s 313 Cr.P.C. as there was no
incriminating evidence against them.
6.
P.W.1 (informant) stated in his examination-in-chief that one
day in the year 2009 at about 7-30/8 A.M. he along with his sons Md.
Mujakkir Hussain and Md. Babul Hussain had an altercation with the
accused persons regarding some land disputes. During cross-examination
P.W.1 stated that the accused persons did not assault him and his sons and
they
did
not
sustain
any
injuries.
7.
P.W.2 (victim) stated in his examination-in-chief that one day
in the year 2009 he along with his brother Md. Babul Hussain and father
Md. Abdul Jalil had an altercation with the accused persons. During crossexamination P.W.2 stated that the accused persons did not assault him or his
brother Md. Babul Hussain and father Md. Abdul Jalil.
8.
P.W.3 stated in his examination-in-chief that he did not know
anything about the occurrence.
9.
From the aforesaid evidence on record, it transpires that the
informant (P.W.1) and the victim P.W.2 did not support the prosecution
case. P.W.1 and P.W.2 only stated about an altercation between them and
the accused persons. The other victim of this case namely Babul Hussain
could not be examined as he was not available. The only independent
witness, that is, P.W.3 examined in this case expressed his ignorance about
the alleged occurrence.
10.
Considering such evidence on record, I find and hold that the
prosecution severely failed to prove its case beyond all reasonable doubt.
Hence accused Aklas Uddin, Moinul Haque, Faizul Haque, Mustafa
Ahmed, Saidul Haque and Abdul Hussain Barbhuiya are acquitted and
set at liberty. The bail bonds shall remain in force for a period of six
months from today.
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G.R. Case No. 3218/2009
11.
Given under my hand and seal of this Court on this the 3rd
day of December, 2014 at Silchar.
(Shri Kaushik Hazarika)
Additional Chief Judicial Magistrate,
Cachar, Silchar.
Typed at my dictation & corrected by me.
(Shri Kaushik Hazarika)
Additional Chief Judicial Magistrate,
Cachar:Silchar.
*Dictation taken and transcribed by Shri Pranab Sinha, Stenographer.