JASHIM AHMED Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. PK Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel appearing for the appellant as well as Mr. Ratan Datta, learned PP assisted by Mr. S. Debnath, learned Additional PP appearing on behalf of the respondent.

(2.) This appeal arises out of the judgment and order of conviction and sentence dtd. 2/9/2021 passed in connection with case No. S.T. 17 (UK) of 2019 by the learned Sessions Judge, Unakoti District, Kailasahar, whereby and whereunder the learned Sessions Judge had convicted the appellant for the offence punishable under Sec. 302 IPC, and sentenced him to suffer R.I. for life with default stipulation.

(3.) The case of the prosecution, in brief, is that, on 15/7/18 at about 10-30 AM the informant and his brother Jashim Ahmed, the appellant herein had gathered in the house of their uncle Jahur Ali and therein the appellant demanded their uncle to amicably partition their ancestral property. Jahur Ali told the appellant that it will be done later on. In the mean time tea was served to all the parties. Suddenly the appellant brought out a knife from his waist and started hitting the informant with it. The informant jumped over to the road to save himself and the appellant chasing him started hitting him again with the knife. The informant was saved at the intervention of their uncle Jahur Ali. The appellant then escaped from the spot towards the house of the informant following him. At that point of time, wife of the informant, namely, Jyotsna Begum was standing in the verendah of the house. The appellant started to hit Jyotsna Begum with the knife and when she tried to flee, she was held back by Halima Bibi, wife of the appellant. Jyotsna Begum fell down and the appellant ran away towards the jungle. Local people shifted the informant and his wife to the hospital where the Doctors declared that Jyotsna Begum was brought dead. The informant was also admitted to the hospital where police came and recorded his complaint. He was referred to GBP hospital, Agartala for better treatment but on his own accord, he went to Silchar.