ABDUL LATIF PALWAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D.C. Roy, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P. appearing for the State.

(2.) This is an appeal by the convict, namely Sri Abdul Latif Palwan who was charged under Sections 342/325/307 of the IPC and convicted under Sections 342 and 325 of the IPC by the judgment and order dated 29.11.2017 delivered in ST 21(GT/U) of 2015 by the Sessions Judge, Gomati Judicial District, Udaipur. It is to be noted that by the said judgment and order, the convict, hereinafter referred to as the appellant, has been acquitted from the charge under Section 307 of the IPC. As consequence of the conviction, the appellant has been sentenced to suffer 2two. years rigorous imprisonment with a fine of Rs.5,000/- under Section 325 of the IPC with default stipulation. Further, the appellant has been sentenced to suffer rigorous imprisonment for 1one. year under Section 341 of the IPC. It has been observed that the sentences shall run concurrently and the period of custodial detention of the appellant during investigation or the trial shall be set off from the substantive sentence of imprisonment. The appellant was in custody from 28.02.2015 to 02.03.2015. The said judgment and order dated 29.11.2017 is under challenge in this appeal.

(3.) The genesis of the prosecution is rooted in the complaint filed by one Mannan Miah Khadim PW-2. revealing that on 14.12.2018 at about 5.20 o'clock in the evening one Sahara Bibi of their locality had taken his mother, namely Fulmeher Bibi to their house which situate in their neighbourhood. She was beaten by a wooden piece by the appellant with intention to kill her. After having the information of that occurrence, PW-2 rushed to their house and found the victim PW-1. lying in an unconscious state having bleeding injuries on the head. The victim was immediately transported to the Udaipur District Hospital and having assessing her condition she was referred to the GBP hospital at Agartala.