Guwahati Court April 1952 Judgments

Nowab Ali Vs. the State

Court: Guwahati

Deka, J.1. This is an appeal from jail by accused Nowab Ali who was convicted under Section 304, Part II, Penal Code and sentenced to 4 years' rigorous imprisonment for causing the death of a person by the name of Hamed Ali with a lathi. Six persons including the accused were put under trial and committed to the Court of Sessions and a charge under Section 302, Penal Code was framed against Nowab Ali for causing the death of Hamed Ali and charges under Section 302/149, Penal Code and various other sections were framed against the rest of the accused for causing the murder of Hamed Ali and grievous and simple hurt to Jabed Ali and Kashem Ali respectively. The defence was that Jabed Ali and his party had been quarrelling with Nowab Ali and Hatem Ali from long before the occurrence and that on the date of the occurrence, Jabed Ali with his sons including Hamed Ali forcibly entered into the compound of Nowab Ali and erected a house and while resisted, the complainant and his party not onl...