NAIBULLA SHAIKH Vs. EMPEROR

JUDGEMENT

(1.) The accused Naibulla and three others have been found unanimously by the jury guilty under Section 304 (Part II), I.P.C., and convicted and sentenced to 7 years rigorous imprisonment each. The case for the prosecution is that the deceased Mona Mandal was called out of his house late at night by Naibulla and was subsequently assaulted by these four persons so violently that he died in consequence of it a few hours later The only evidence against the accused is the extra judicial statement of the deceased made before his death to several men who have been examined in the case. In that statement he said that he was called from his house about midnight by Naibulla and was assaulted by the four accused with fists and kicks. With regard to the motive there is not much of evidence against Naibulla; but it is suggested that the deceased had reprimanded his wife for giving a seer of rice to her mother who is the wife of Naibulla. There is no mention of this quarrel about rice in the first information.

(2.) With regard to the other three accused persons, it is said that there was a quarrel with the deceased about goats which, the Judge has remarked, was not a sufficient motive. The evidence for the prosecution consists of the evidence of the neighbours before whom the statement was made by the deceased, his wife Saidan and his mother-in-law Nayan Bibi. These two witnesses were also examined before the committing Magistrate. On that occasion Saidan said: Naibulla called my husband away saying that he had a talk with him. I recognized Naibulla both by voice and appearance.... On his return home I enquired my husband who had beaten him. He told me that these four men had beaten him in the field near a cart track.

(3.) In another part of the statement she said: Our neighbours came that night and heard of occurrence from him including the names of his assailants.