K.LAHIRI, J. - (1.) THIS is an appeal directed against the conviction of the appellant under Section 295 read with Section 109 I.P.C. and sentencing him to suffer simple imprisonment for two months and to pay a fine of Rs. 200/ - in default, to suffer simple imprisonment for two months more, in Sessions Case No.19 of 1971.
(2.) THE accused was put upon his trial under Section 295 -A of the I.P.C. read with various other Sections of the Code for trial before the Court of Session, Cachar at Silchar, along with others. However, the learned Sessions Judge ultimately charged the accused person under Section 296 read with Section 109 I.P.C. and the other co -accused persons were charged under different provisions of the Code.
(3.) THE prosecution story in short is that after sundown, on the 20th day of October, 1969, the present appellant abetted the commission of an offence under Section 295 I.P.C. (injuring or defiling place of worship with intent to insult the religion of any class). The story in short is that the date of occurrence was a "Dassera" day of the Durga Puja; Hindus were celebrating the immersion ceremony by the side of Barak river; there some altercations took place due to throwing of some peels of banana; objections were taken and the matter was not properly dealt with and later on there was confrontation between two religious groups namely, Hindus and Muslims. The only allegation that has been brought against the appellant was that he had abetted the other accused persons to commit the offence under Section 295 I.P.C. On receipt of the first information report about the Incident, the police took up a case, investigated it and ultimately submitted a charge sheet. The committal proceeding was held and the accused persons were committed to the Court of Session. Before the Sessions Judge as many as 9 witnesses were examined on behalf of the prosecution. On behalf of the accused Dr. Mosahid Ali, a retired Assistant Surgeon, Class I was examined to prove that the accused Sahabuddin, who was one of the most prominent figures in the whole incident, was in fact, lying seriously ill from 16 -10 -69. The nature of his illness, according to the doctor, was typhoid. The doctor said that he had been completely bed -ridden from 18.10.1969 to 31 -10 -69. A reference of this is all the more necessary in view of the prosecution allegation that Sahabuddin took a prominent part in the incident. The learned Sessions Judge on conclusion of the trial convicted the present appellant alone and acquitted the rest.;