RAJAB ALI Vs. STATE

JUDGEMENT

(1.) TWO persons, the appellant Rajab Ali and his brother 'Dukhi Sheik were tried under Sections 148/149 IPC 302/149 and Under Section 201 IPC with the help of a jury who returned a verdict of not guilty against accused Dukhi with respect to all the charges and the verdict of guilty Under Sections 148/149 and 302/149 IPC against accused Rajab Ali and the verdict of not guilty against him with respect to the cliarge Under Section 201,1. P. C. The learned Additional Sessions Judge, L. A. D. agreeing with and accepting the unanimous verdict of the jury convicted and sentenced the accused Rajab Ali to transportation for life Under Sections 302/; 149 IPC and though there was conviction Under Section 148/149 IPC no separate sentence was passed. Rajab Ali has preferred this appeal against the said conviction and sentence.

(2.) THE prosecution case is that on 7 -1 -1946, Police Sub -Inspector, Taheruddin attached to the Hajo -Police Station left Hajo with three constables including Sheikh Mohammed to execute a requisition received from the North Salmara Police Station for arresting certain offenders. The Sub -Inspector sent back two of the constables with a prisoner in custody the next day and he remained in the house of one Kayed Ali - Gaobura inasmuch as his mission was not complete. In company of some of the local 'Matbars' including Teheruddin Dewani, Inatulla, Abdul Gani, Gani Bepari, Damulla Sheikh and others, he moved on -the morning of the 10th January to the house of Teher Dewani in a village known as Bhangnapota, and from there to a village known as Bhagnamari or Kalaichar where they put under arrest two more persons by the names of Manika and Nurul and deputed another man to bring another offender and according to some of the prosecution witnesses it was the accused Rajab Ali who was wanted in connection with some other matter.

(3.) TWO points have been argued by the learned Advocate appearing for the appellant -(1) that there can usually be no conviction Under Section 148 read with S, 149, IPC and (2) that the common object of the assembly not being clearly made out so far as Rajab Ali was concerned, his conviction Under Section 302/149, I.P.C. is bad in law.