G.

R No. 1174/2017 Page 1 of 7

::IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, NALBARI::

PRESENT : = Sri. K. C. Boro, A.J.S.

Ref: G.R No. 1174/2017

State

-vs-

(I) Siraj Ali,

(II) Jahir Ali,

…...Accused persons

u/s- 447/294/506/34 I.P.C.

EVIDENCE RECORDED ON : 19/07/2018, 21/11/2019 &

24/02/2020.

ARGUMENT HEARD ON : 06/03/2020.

JUDGMENT DELIVERED ON : 17/03/2020.

ADVOCATES APPEARED :

For the State : Mr. D. Talukdar, Ld. A.P.P,

For the Accused : Mr. Abdul Mazid, Ld. Advocate.

JUDGMENT

1. The instant criminal case is set in motion through a written

complaint filed by the informant Md. Tapser Ali on 04/05/2017 before
this court alleging inter alia that he made a deal with Nurhussain Ali,
Ikram Ali and Khadeja Bibi to purchase a plot of land situated at village
Borbistupur bearing patta no. 28 and dag no. 2 of 1 bigha at Rs.
70,000/- and took the signature of Dharani Kalita in the presence of
G.R No. 1174/2017 Page 2 of 7

other people on the 5th day of Magh of year 2009 and since then he is
residing there. In connection with the said land a case was lodged by
Rahima Bibi, Nur Hussain Ali, Ikram Ali in the court of Munsiff no. 1,
Nalbari being no. 81/16 and the same is pending in the court. The
accused persons are the relatives of Nur Hussain Ali, Ikram Ali and
Rahima Bibi. On 10/04/2017 at about 12:30 pm, the accused persons
armed with dao and knife illegally entered into the disputed land and
took photographs of the house and latrine situated inside the land and
demanded his mother in law Kalsum Bibi and his father in law Fazir Ali
to get out of the house and otherwise threatened to kill them. The
accused persons also verbally abused his mother in law and father in
law and threatened to lock them inside the house and set them on fire.
Hence the case.

2. That on receipt of the complaint, the same was registered as

Ghograpar P.S case no. 132/17 u/s 447/448/506/294/34 I.P.C dated
01/08/2017. On the basis of the ‘ejahar’, police started investigation
and after completion of investigation and finding prima facie materials
against the accused persons namely Siraj Ali and Jahir Ali, the police
submitted the case in Charge-sheet U/s 447/294/506/34 I.P.C vide
charge-sheet no. 92/17 dated 31.08.17.

3. That on submission of the charge-sheet, cognizance was

taken U/s. 447/294/506/34 I.P.C. by this court. Now as the accused
persons were served police notice during the stage of investigation,
summons were issued to them and on their appearance, they were
allowed to go on Court-bail to face the trial.

4. That copies were furnished to the accused persons and on

finding prima facie materials of offence – particulars of offence U/S
447/294/506/34 I.P.C, were read over and explained to the accused
persons and they were asked whether they would plead guilty, to
which they pleaded not guilty and claimed to be tried.

5. That in the course of hearing the prosecution side examined

four (4) nos of witnesses. The prosecution side marked and exhibited
G.R No. 1174/2017 Page 3 of 7

two (2) numbers of document. The accused persons were examined U/s
313 CrPC. The defence case is of total denial and they declined to
adduce any evidence.

6. I have heard the argument of both the sides.

7. POINTS FOR DETERMINATION

(I) Whether the accused persons on 10/04/2017 at about 12:30

pm, in furtherance of common intention entered into the land of the
informant with intent to commit offence or to intimidate, insult or
annoy any person in possession of such property and thereby
committed an offence punishable u/s 447/34 I.P.C?

(ii) Whether the accused persons on 10/04/2017 at about 12:30

pm, in furtherance of common intention uttered obscene language in
or near any public place to the annoyance of the informant and others
and thereby committed an offence punishable u/s 294/34 I.P.C?

(iii) Whether the accused persons on 10/04/2017 at about 12:30

pm, in furtherance of common intention threatened the informant and
his mother in law and father in law with injury to their person with
intent to cause alarm and thereby committed an offence punishable u/s
506/34 I.P.C ?

DECISION AND REASONS THEREOF :-

8. PW 1 Tapser Ali who is the informant deposed that he filed

this case against Jaher Ali and Siraj Ali. In the year 2008, he purchased
a plot of land at village Sahan Bistupur bearing patta no. 28 and dag
no. 2 of 1 bigha and since then he started residing there by
constructing house. He resided there along with his father in law and
mother in law resided. He cultivated a small part of the land. One day
the accused persons came and threatened his mother in law and father
in law to get out of the land. On that day he was in his house at Pub
Kalakuchi. Two nearby persons namely Rubul Ali and Akbar Ali
restrained the accused persons. He came to inquire the incident. He
was informed about the same over phone by one Mintu Ali. Police
G.R No. 1174/2017 Page 4 of 7

recorded his statement.

9. PW 1 during cross-examination deposed that the accused

persons has also filed a case against him. He claimed land through a
civil case. He has not submitted the ownership certificate of land in
court. The accused persons are the brothers of Rahima. He does not
know if Rahima purchased the land through registered 'dalil' The father
in law of Rahima stated that he purchased the land from Dharani
Kalita. Dharani is alive till date. The disputed land is about 28 – 30 kms
from his house. He filed the case after 20 days of the incident. Police
recorded his statement after 1 week of the incident. The name of the
husband of Rahima is Nur Hussain but he does not know where he
lives. Rahima and her mother in law is residing in the disputed land.

10. PW 2 Ikram Hussain deposed that he know both the parties.

Quarrel used to take place between both the parties. Police did not
recorded his statement.

11. PW 3 Akbar Ali deposed that he know both the parties. A civil
case is going on between both the parties. He heard that 2 years ago a
quarrel took place between both the parties. He does not know
anything more about the incident.

12. PW 4 ASI Bichitra Kalita (I.O) deposed that on 01.08.2017, he

was working as ASI at Ghograpar PS. On that day, one Tapser Ali filed
an FIR at the Ghograpar PS. The O.C of Ghograpar PS registered
Ghograpar PS Case No.132/2017 u/s-447/448/506/294/34 IPC and he
was endorsed with the task of investigation. He visited the place of
occurrence, drew a sketch map, recorded the statement of the
witnesses. The accused appeared before him on 25.08.2017. He
recorded their statements, arrested them and allowed them to go on
bail as the offences are bailable in nature. Upon completion of
investigation, he filed charge-sheet against accused persons namely
Siraj Ali and Jahir Ali u/s-447/294/506/34 IPC. Ext.2 is the charge-sheet
and Ext.2(1) is his signature.
G.R No. 1174/2017 Page 5 of 7

13. PW 4 during cross-examination deposed that there is a land

dispute between both the sides. The residence of informant is at Pub
Kalakuchi which is more than 15 kms away from the PO. The informant
did not submit any document regarding purchasing of land. There is a
house of Rahima Begum i.e. sister of accused at the PO. The FIR has
been filed after four months of the occurrence of the incident.

14. On appreciation of the testimony of witnesses and the

materials available on record, I find that the prosecution has failed to
establish the essential ingredients so required to constitute the
charged offence beyond reasonable doubt by leading clear, cogent &
convincing evidence. The accused persons namely Siraj Ali and Jahir Ali
are, therefore, acquitted of the offences u/s 447/294/506/34 I.P.C. They
are set at liberty forthwith.

15. The accused persons bail-bonds also stands cancelled after

expiry of the appellate period.

16. The judgment is delivered in open Court in presence of the

accused persons and their Learned Counsel.

Given under my hand and the seal of this court on this 17th day of
March, 2020.

(Sri. K. C. Boro)
Chief Judicial Magistrate, Nalbari.

Dictated and corrected by me

(Sri. K. C. Boro)
Chief Judicial Magistrate, Nalbari
G.R No. 1174/2017 Page 6 of 7

A P P E N D I X:

Witnesses for the prosecution

PW.1 - Tapser Ali (Informant),
PW.2 - Ikram Hussain,
P.W.3 - Akbar Ali,
P.W.4 - Bichitra Kalita (I.O),

Witnesses for the defence

Nil

Prosecution Exhibits
Ext 1 - Ejahar,
Ext 1(1), 1(2), 1(3) - Signature of informant Tapser Ali,
Ext 2 – Charge-sheet,
Ext 2(1) – Signature of I.O.

Defence Exhibits
None

(Sri. K. C. Boro)
Chief Judicial Magistrate,
Nalbari.
G.R No. 1174/2017 Page 7 of 7

17/03/2020

ORDER

Accused persons Siraj Ali and Jahir Ali are present.

Judgment is pronounced and delivered in open court.

On appreciation of the testimony of witnesses and the

materials available on record, I find that the prosecution has failed to
establish the essential ingredients so required to constitute the
charged offence beyond reasonable doubt by leading clear, cogent &
convincing evidence.

The accused persons are found not guilty u/s

447/294/506/34 I.P.C and hence, acquitted and set at liberty forthwith.
Bail bonds shall remain in force for a further period of six months.

Hence, the case stands disposed of.

Chief Judicial Magistrate,

Nalbari