MUKLESAR RAHMAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant Muklesar Rahman alias Mukles Man who tried for an offence under Section 302 of IPC in connection with murder of his wife on 5- 11-1989 was convicted by the learned Additional Sessions.Judge, West Tripura, Agartala for the said offence and sentenced him to suffer imprisonment for life. Through this appeal under Section 374(2) of Cr.P.C. the appellant has challenged the judgment and order of conviction dated 20th July, 1992 passed in Sessions Trial No. 1 (W.T./5)92.

(2.) We have heard Mr. A.K. Bhowmik, the learned senior counsel appearing on behalf of the appellant and Mr.S.Das, the learned Public Prosecutor appearing on behalf of the respondent.

(3.) The facts of the case which may succinctly be summarised are as under :- the appellant was married to deceased Hanufa Khatoon about 2 years prior to the date of occurrence i.e. 5.11.1989. The prosecution case was that on the night of 5-11-89 the couple after taking the dinner went to their room for sleeping. But on the following morning neither the appellant nor his wife having come out of their room the other inmates of the house who were staying in the separate huts started calling them. But inspite of repeated calls they did not get any response. Then some one of the house inmates peeped through the window and found that neither the appellant nor his wife was lying' on the bed. The inmates of the house therefore entered into the room by breaking open the door and no sooner had they entered into the room than they found both the appellant and his wife Hanufa Khatoon lying on the floor in a state of unconsciousness.