MAMIN MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Section 374(2) Cr.P.C. is directed against the judgment and order of conviction dated 21.06.2018 and sentence dated 22.06.2018 passed by the learned Additional Sessions Judge of West Tripura Judicial District at Sonamura in case number ST (T-I) 21 of 2016 whereby accused, Mamin Miah (appellant hereinafter) was convicted for offence punishable under sections 326 and 307 of the Indian Penal Code (IPC hereinafter) and sentenced to rigorous imprisonment for 10 ten. years and a fine of Rs.10,000/- with default stipulation for each of the offences and it was ordered that both the sentences would run concurrently.

(2.) Brief facts leading to the rise of the present appeal are that Hosneyara Begam, wife of Majil Haque of Srimantapur, Sonamura lodged a written complaint scribed by Sri Chandan Laskar of Sonamura with the Officer-in-Charge of Sonamura police station on 14.08.2016 at about 10.13 PM alleging, inter alia, that at about 6 O'clock in the morning, her husband Majil Haque, a whole seller of fish, was doing paper work pertaining to cash on his elevated seat in the fish market. At that time, the appellant, a fish seller, following the advice of one Tapan Das attacked him with a dao (a sharp edged weapon) and gave a blow on his back and when her husband raised his left hand to ward off the blow, he received serious injury in his wrist. Her injured husband collapsed on earth. Appellant Mamin Miah and Tapan Das fled away from the market. The injured was then taken to Sonamura Rural Hospital in an auto rickshaw bearing registration No. TR01D 2569 from where he was referred to Dr. B.R. Ambedkar hospital at Hapania, Agartala. As soon as the first informant received the information about the assault on her husband, she arrived at Sonamura Rural hospital from where she accompanied her husband to Dr. B.R. Ambedkar hospital at Hapania, Agartala. Having returned to Sonamura in the evening she lodged the FIR and it was explained by her in her FIR that since she was busy with the treatment of her husband the lodging of the FIR was delayed for few hours.

(3.) Based on her FIR, Sonamura P.S. case No. 2016 SNM 092 under section 326 read with section 34 IPC was registered against accused Tapan Das and Mamin Miah.