Ibra Akanda vs Emperor - 1944 Supreme(Cal) 145

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1944 Supreme(Cal) 145

LODGE, KHUNDKAR, DAS
Ibra Akanda – Appellant
Versus
Emperor – Respondent

JUDGMENT

Lodge, J. - This is an appeal from convictions and sentences u/s 304 (2), Penal Code, read with Section 34. The four appellants were tried by the Sessions Judge of Pabna and Bogra and a common jury. There was a charge u/s 304/34 against all four appellants, and a separate charge u/s 324, Penal Code, against appellant Ibra Akanda. The jury returned a unanimous verdict of guilty u/s 304 (2)/34, Penal Code, against all four appellants, and of not guilty in respect of the separate charge u/s 324, Penal Code, against Ibra Akanda. The learned Judge agreed with and accepted this verdict; he acquitted Ibra Akanda of the charge u/s 324, Penal Code, and convicted all four accused on the remaining charge. He sentenced Ibra and Rayis, appellants, u/s 304 (2)/34, Penal Code, each to undergo rigorous imprisonment for ten years; and in view of the age of the one and the youth of the other, he sentenced Abad and Josi u/s 304 (2)/34, Penal Code, each to undergo rigorous imprisonment for five years. Hence this appeal.

2. The prosecution story is briefly as follows:

3. On 8th June 1942, Mafiz of Narayanpur, P.S. Dhunat was returning home from the hut at about sunset. He was waylaid by the four