ABDUL MUSTAFA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal under Section 374 of CrPC is directed against judgment and order of conviction and sentence dated 12.04.2011 passed by learned Addl. Sessions Judge, Dharmanagar, North Tripura in connection with Sessions Trial Case No.S.T.11(NT/D)2010, whereunder the learned Addl. Sessions Judge found accused appellant Abdul Mustafa guilty of committing offence punishable under Section 304 Part -II of IPC and sentenced him to suffer rigorous imprisonment for eight years.

(2.) HEARD learned counsel, Mr. A. Bhowmik for the appellant and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) PROSECUTION case, in short, is that the informant Faruk Uddin(PW1), S/O Abdul Mannan and the accused -appellant Abdul Mustafa have been residing in the same house compound at villageIndurail under P.S. Panisagar, North Tripura District and the accused, Abdul Mustafa happens to be the own paternal uncle(younger brother of father) of informant, Faruk Uddin. On 19.08.2007, a Sunday at about 6.00 AM accused Abdul Mustafa took the bicycle of informant Faruk Uddin and when Faruk Uddin asked for the bicycle to go to his arum field, the accused Abdul Mustafa picked up a quarrel with him and threw the bicycle in the lunga. The informant picked up the bicycle from the lunga and left for his arum field. On that day at about 9.00 AM Mariam Bibi, mother of the informant Faruk Uddin called Abdul Jabbar(PW2) to their house and requested him to have a word with accused Abdul Mustafa to provide the hand -cart of the accused for carrying arum from her field and when Abdul Jabbar requested accused Abdul Mustafa to provide his hand -cart, at that time on that issue a quarrel picked up between Mariam Bibi and accused Abdul Mustafa and in the midst of the quarrel, all of a sudden, accused Abdul Mustafa picked up a spade from his verandah and struck a blow on the head of Mariam Bibi in her courtyard and Mariam Bibi received severe bleeding injury and fell on the ground. Abdul Jabbar tried to resist accused Abdul Mustafa from assaulting Mariam Bibi but failed and he raised cry and many people from the neighbourhood came. A neighbouring boy informed Faruk Uddin in his arum filed about his mother and he rushed to the house and thereafter along with others took Mariam Bibi to Panisagar Primary Health Centre(PHC) where the doctor declared her dead. SI Kamalendu Bhowmik(PW16) arrived there and Faruk Uddin narrated the occurrence to SI Kamalendu Bhowmik which was reduced into writing by PW16 and accordingly Panisagar P.S. Case No.46 of 2007 under Section 302 of IPC was registered and investigation was taken up. SI Kamalendu Bhowmik prepared inquest report over the dead body and gave requisition for conducting postmortem examination over the dead body and accordingly PW13 Dr. Dipak Ch. Haldar conducted postmortem examination and submitted report that Mariom Bibi died a homicidal death due to hemorrhagic shock and neurogenic shock which resulted from a sharp and deep cut injury of the scalp caused by sharp and heavy object and the wound was ante mortem in nature. In course of investigation, I.O. raided the house of the accused and found him absconding and I.O. also seized the weapon of offence, i.e. the spade which was used for assaulting Mariam Bibi and recorded statement of material witnesses and after completion of investigation submitted charge sheet against accused Abdul Mustafa showing him as absconder. Cognizance was taken on the basis of the police report and after observing the formalities and surrender of accused before the Court the case was committed to the Court of learned Addl. Sessions Judge for trial. In course of trial, learned Addl. Sessions Judge on 04.06.2010 framed charge against accused Abdul Mustafa for commission of offence punishable under Section 302 of IPC to which he pleaded not guilty and claimed to be tried.