1, injuries on Abdul Jabbar were found to be on the head.
On the report of DW.
Prosecution examined 5 witnesses including the Investigating Officer.
Saheb Ali and Rajab Ali gave thrashings with their lathisAdam Ali ultimately succumbed to the injuries.
On the basis of the evidence given by PW.
Eight persons were put on trial Under Section 302/149, IPC on the allegation that one Afil AH had grown paddy on 7 bighas of land.
Some time after Afil Ali also died.
Similarly, the doctor found grievous injuries on Rajab Ali.
Accused Abdul Jabbar struck Adam Ali on his head with Lathi as a result of which he fell down.
It was attached to the head by a piece of skin 1/4 in size and there was severe bleeding.
The learned trial Judge found that the accused persons were in possession of the land and had grown the paddy.
The injury was 41/4 in length and the injury was also grievous and it had been caused by a sharp cutting instrument.
First information was lodged with the police and after due investigation 8 accused persons were put on trial for offences punishable Under Sections 302/149 and 148, IPC.
The High Court affirmed the finding of the trial Court that accused Abdul Kadir was in possession of the disputed land at the relevant lime and Afil AH and his group companymitted criminal trespass upon the same at the time of the occurrence.
On November 21, 1968, around 6 A.M. the accused persons along with others were found reaping that paddy.
He also suffered another scalp cut by a sharp instrument and the injury was of the size of 21/2 x2 bone deep.
An appeal was carried by the Stale against the acquittal.
The High Court found that the prosecution witnesses attempted to suppress these injuries.
1, the High Court found accused Abdul Jabbar and Rajab Ali received grievous injuries caused by sharp cutting weapon, accused Jabbar on his head and accused Rajab Ali on his belly.
Both these injuries on Abdul Jabbar were found to be grievous.
Abdul Jabbar, Abdul Kadir and Rajab Ali were also separately charged Under Section 302, IPC.
Both the companyrts below have found that I the land was in the possession of the accused persons 2 paddy crop had been grown by the accused persons and the same was ready for harvesting 3 the deceased and their people were the aggressors and 4 when the accused persons tried to resist the attempt of the deceased and their group in the matter of harvesting of the paddy crop, two of the accused persons were badly beaten up and they suffered grievous injuries.
It next proceeded to examine the question whether the accused persons had exceeded their right of private defence.
One piece of the scalp 3 1/2 X 11/2 bone deep had been removed by a. sharp instrument and there was severe bleeding from the wound.
Afil Ali and his brother Adam Ali went near the land and protest against the criminal act of the accused persons.
Thereupon accused Abdul Kadir struck Afil Ali on his head with a Dao accused Rajab Ali, Abdul Majid and Altaf assaulted Afil Ali with Lathis and spears.
Ranganath Misra, J. This appeal by special leave is directed against the reversing judgment of the Gauhati High Court, by which the judgment of acquittal of the trial Court was set aside and the respondents were companyvicted Under Section 304, Part I, read with Section 34, IPC and each of them was sentenced to five years rigorous imprisonment.
