LATU MIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal has been filed by the accused in Sessions Case No. 3(WT/A) 87 on the file of the learned Additional Sessions Judge, West Tripura District, Agartala challenging the legality and correctness of his conviction under Section 302 of IPC and sentence of imprisonment for life.

(2.) We have heard Mr. B. DAS, the learned senior counsel appearing on behalf on the appellant and Mr. S. DAS, the learned Public Prosecutor appearing on behalf of the State of Tripura.

(3.) The fact necessary to be noticed for disposal of this appeal may succinctly be summarised as follows :- The occurrence which led to this prosecution was alleged to have taken place in the residential hut of the appellant who is the husband of the deceased Salema Khatoon in the intervening night of 22-11-85 and 23-11-85. About 2 years before the occurrence deceased Salema Khatoon was married to the appellant who after 2/3 months of his marriage was separated from the mess of his father and hence-forth, it was alleged, appellant started misbehaving with his wife, namely, the deceased and demanded money. It was also alleged that the appellant wanted to dispose of the gold necklace which the deceased got at the time of her marriage and since she was not agreeable for disposal of the necklace the appellant became annoyed with her. However, out of this wed-lock, a daughter was born to the couple. This child died after a few days of the occurrence. It was further alleged that the appellant used to assault the deceased and due to such assault the deceased on a number of occasions came to the residence of her parents which is at a distance of 1 1/2 kanis (about 100/150 cubits) from the house of the appellant. However, on each occasion the parents of the deceased sent her back to the house of the appellant.