ABUL KALAM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13/9/1984 passed by the learned Sesstions Judge, West Tripura, Agartala in Sessions Trial No. 21 (W.T./A) of J984 convicting the sole appellant Abul Kalam under Section 302 read with Section 341.P.C. and sentencing him thereunder to suffer regorious imprisonment for life.

(2.) The case, in short, is that P.W. - 115 Anil Das lodged an information to the Sub Inspector of Police, attached to Sonamura Police Station at Sonamura Primary Health Centre on 4.5.1982 at about 8.30 A.M. alleging, inter alia, that on that day in the morning; at 5.30 A.M. deceased being a co-villager of the informant told the informant that he would go to Sonamura and for that purpose he requested the informant to take him to Sonamura on a bicycle as Nurul Islam (since deceased) apprehended that the sons of Sovan Miah might kill him as the deceased and his brothers were accused in a murder case, concerning murder of Joynul Abadin who is also son of said Sovan Miah. So, being requested by the deceased, informant accompanied the deceased on his bicycle and set out for Sonamura and when they reached infront of Chandibari (Kali temple) at Srimantapur at about 5.45 A.M., accused Ali Aswab came forward from the side of the grocery shop of one' Akshoy Dutta and cried out "arrived, arrived." Seeing this, informant was trying to turn his bicycle towards the west but accused Ali Aswab inflicted injury upon the chest of the deceased. Immediately informant left the bicycle and caught hold of accused Ali Aswab from his back side. Deceased as well as the bicycle were lying on the road. Informant raised alarm saying "save, save." Informant also saw the appellant Abul Kalam rushing with a dagger in his hand towards Nurul Islam and inflicting blows with the said dagger upon Nurul Islam (the deceased). Nurul Islam was then lying on the ground but yet the appellant went on inflicting stabs upon the deceased. Accused Ali Aswab used abusive language and asked the appellant to inflict blows. At that time, other accused Ali Akbar cought hold of the informant from behind and Ali Aswab was saying to strike him. Then out of fear informant suddenly got rid of Ali Akbar and started running. The appellant and other two accused chased him towards the west. However, informant could reach Srimantapur Border Out post and gave them information about the incident. Informant also stated that when the appellant and other accused were chasing the informant, P.W. - 5 Akshoy Dutta saw it. However, the informant along with staff of the Border Out post again came to the place of occurrence and found deceased lying on road with bleeding injuries on several parts of his body. At that time, deceased only once told him "Did you receive injuries on your person? Take me to the Hospital." After that he could not speak any more. Informant then with the help of the Border Security Force Personnel lifted the deceased and started for the hospital. Meanwhile, a taxi came there and in that taxi informant reached Sonamura Primary Health Centre with the deceased. Deceased was till then under the treatment in the said Primary Health Centre. Bicycle was lying at the place of occurrence itself. This is in short the information lodged by P.W. - 16 Anil Das. Said information was reduced into writing by the Sub Inspector of Police at Sonamura Primary Health Centre. Said information was ultimately sent to the police station where it was registered as an F.I.R. at 9.30 A.M. under Section 3077 326/109 I.P.G. It needs to be mentioned here that the place of occurrence is situated at a distance of about 2 Kms from the police station. After usual investigation police submitted chargesheet under Section 302/34 I.P.C. and also under Section 302 I.P.C. against the present appellant and other two (2) accused. In due course of time, case was committed to the Court of the learned Session Judge, West Tripura, Agartala. On perusal of the materials on record, learned trial Court framed charges under Section 302/34 I.P.C. against all the appellants. Learned trial Court also framed a charge under Section 302/114 I.P.C. against Ali Akbar. Another charge under Section 302 I.P.C. was also framed against accused Ali Aswab and the appellant. All the accused including the present appellant pleaded not guilty to the said charges. In course of the trial, prosecution examined in all 33 witnesses. Out of the said 33 witnesses, only P.W. - 16 Anil Das appears to be the e;ye witness. The accused examined none on their behalf. Defence of the appellant was that of complete denial of the prosecution. On conclusion of the trial appellant alone was convicted and sentenced as already stated. It needs to be mentioned here that during pendency of the case before the learned trial Court, accused Ali Aswab died and as a result case proceeded against the appellant and the other accused Ali Akbar only. Ali Akbar was of course ultimately acquitted by the learned trial Court,

(3.) We have heard! Mr. M. Kar Bhowmik, learned counsel for the appellant as well as Mr. S. Das, learned Public Prosecutor. Both of them have taken us through the evidence on record.