YAZID ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants Yazid All and Hazira Bibi filed this appeal challenging the Judgment and order dated September 30, 1988 passed by the learned Additional Sessions Judge, Morth Tripura, Kailashahar in Sessions Trial No. 19 (N.T/K) 88 whereby the aforesaid appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.

(2.) The facts giving rise to this appeal were on May 29,1985 at 10.00 hours Maharam Ali (P.W.I) came to Irani Police Out Post and lodged an ejahar to the Officer-in-Charge of Irani Out Post to the effect that on May 29, 1985 morning at about 9 A.M. Akbar Ali (P.W.3) went to bis house and informed that his grand daughter Mafijunnessa alias Mana had been murdered in the house of Akbar Latif (P.W.2) with whom Ajijunnessa was married about 6 years back and found that the dead body of Ajijunnessa and Mafijunnessa were lying on the floor in the northern viti hut of Abdul Latif on throat cut injuries. The complainant suspected Yazid Ali, Amzad Ali and Smti. Hazira Bibi to have committed the murder of Ajijunnessa and Mafijunnessa-following long standing family feud.

(3.) O/C (P.W.17), Jitendra Nama was in-charge of Irani Out Post recorded the statement of Maharam Ali, P.W.1, complainant and forwarded the same to the O/C, Kailashahar Police Station and the O/C, Kailashahar Police Station registered the case as Kailashahar P.S Case No. 42 (5) 85 under Section 302 read with Section 34 of the Indian Peal Code. After registration of the case, Officer-in-Charge of Kailashahar Police Station endorsed the case to S.I., Dipangshu Ranjan Majumder of Kailashahar Police Station to investigate the case.