MEHABOOB ALI Vs. STATE

JUDGEMENT

(1.) The appellant, aged hardly 19 years an Engineering College drop-out, stands convicted for offence under Section 302 IPC and sentenced to undergo Imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo Simple Imprisonment for three months. Challenging the said conviction and sentence, the appellant is before this Court, with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) On 30.12.2014, the accused came to the shop very late. P.W.1, the owner of the shop, questioned him. The accused told him that there was a quarrel between him and his wife and therefore, on 29.12.2014, he did not turn-up for duty. He further told P.W.1 that he had asked his wife to come to the shop on 30.12.2014. Accordingly, within a short while, the deceased, accompanied by her cousin (uncle's son), Mr.Toptin Bhutia, came to the shop. Mr.Topin Bhutia told P.W.1 that the accused was harassing his wife, namely, the deceased. Then the accused, deceased and her cousin wanted to discuss the issue and to sort it out. To have talk among themselves, they need a secluded place, therefore, the accused wanted to go to the office run by the brother of P.W.1.