EMPEROR Vs. TAZEM ALI

JUDGEMENT

(1.) In this case, the two accused persons, Tazemali, son of Nasaruddi, and Hatemali, a cousin of accused 1, were put on their trial before the learned Sessions Judge of Bakarganj and a jury of nine upon the following charges, first of all, a charge under Section 364, I. P.C., of abducting one Ahadali with the intent that he should be murdered, and, secondly, and this charge was originally framed against both the accused-that they had agreed with each other and also with some other persons to murder Ahadali and that, in pursuance of that conspiracy, Ahadali was murdered. The date of the occurrence was Saturday, 5 July of this year. The proceedings before the committing Magistrate concluded in August and the trial was held in November.

(2.) The story for the prosecution is that Nasaruddi and his son Tazemali, accused 1. had great enmity against the deceased by reason that they had for a very long time been in possession of and cultivating certain land belonging to Ahaiali, that they had been Ahadali's bargadars but that owing to nonpayment of rent or produce Ahadali had taken the land out of their possession and refused to settle it again with them. This being the motive alleged, the prosecution ease is that about 8 or 9 o clock on the Saturday in question the two accused persons went to the deceased's house and induced him to come along with them to Nasaruddin's house saying that Nasaruddi was lying ill and wanted to talk to Ahadali about resettling the land in barga. The prosecution case then is that at some time between 10 o clock and midnight a disturbance in Nasaruddi's house was noticed by the nearest neighbours, that in the morning when the deceased's son Hachanali came to Nasaruddi's house he saw that a dead body covered with a blanket was lying in the verandah, that he then gave the alarm and discovered that it was his father's body and that it was then made apparent that Ahadali had died owing to some mechanical pressure being brought to bear upon his ribs which had made a symmetrical fracture both on the left aide and on the right side and had apparently accounted for his death.

(3.) In these circumstances, it is said that the two accused when they went to Ahadali's house to induce him to come to Nasaruddin's house employed deceitful means by pretending that Nasaruddi who appears to have, in fact, been ill, wanted to talk to him at all events about the settlement of the land and it is further said that the two accused had done that intending that murder should take place.