TOTA MIAH, SOUTH TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal by the convict is directed against the judgment dated 30th October, 2003 delivered by the learned Addl. Sessions Judge, South Tripura, Udaipur whereby he convicted the accused under Section 302 IPC for having murdered his wife Jarina Khatoon and sentenced him to undergo imprisonment for life and to pay fine of Rs.5000/ - and in default to suffer Rigorous Imprisonment for 6(six) months.

(2.) THE undisputed facts are that the appellant was married to Jarina Khatoon. It is also not disputed that Jarina Khatoon died on the night intervening 5th and 6th December, 2002. As per the medical evidence i.e. the statement of P.W.12, Dr. Smriti Sankar Nath, the preliminary post mortem report (Exhibit -A) and the final post mortem report (Exhibit 7), the death of Jarina Khatoon had taken place due to smothering. The learned trial Court held that it is the appellant who had committed the murder of his wife and convicted him. Hence, this appeal.

(3.) IN this first report to the police allegedly made by the accused, it was stated that the accused and his wife had slept at night on the same bed and in the morning the accused found that his wife was dead and her body had become stiff. The stand of the accused is that he never went to the police station, he never wrote such complaint and that his thumb impression was obtained on a blank piece of paper. Therefore, the appellant is not denying his thumb impression on this first intimation about the occurrence.