ISUB ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) MD. Isub Ali, who is an old man in his late sixty's the appellant herein, his wife Esha Bibi and their minor son namely, Nayan Miah being found guilty of murder of Negjan Bibi, the wife and son were convicted for the offence punishable under Section 352 IPC read with Section 34 IPC and Md. Isub Ali was convicted under Section 304 Part II IPC read with Sections 352 and Section 34 IPC. The wife and son of Isub Ali were released for good conduct in exercise of power conferred upon the Trial Court under Section 3 of the Probation of offenders Act (for short offenders' Act) after admonition, keeping in mind the fact that the son was under age of 18 years and wife being a woman and the said offence committed by them on the heat of passion. But Md. Isub Ali was not released under the provisions of offenders Act though he prayed for and he was sentenced to suffer R. I for 5 years and to pay a fine of Rs. 5000/- and in default to suffer further R. I for one year. It was also ordered that if the fine money is realised Rs. 4000/- should be paid to the husband of the deceased as compensation. Feeling aggrieved by the aforesaid judgment of conviction and sentence dated 07. 04. 01 passed by the learned Addl. Sessions Judge, North Tripura, Kailashahar, in case number Sessions Trial 33 (NT/k)/99, the appellant has preferred the instant appeal.

(2.) I have heard Mr. P. K. Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel appearing for the appellant and also Mr. R. C. Debnath, learned PP i/c Tripura.

(3.) SIFTING out the unnecessary details, the prosecution story in brief is as follows : on 7. 2. 99 while the younger brother of the complainant Mominul Islam, PW-4 was returning home on a bicycle at about 10 a. m. saw a small boy namely, Litan Ali relieving on the road which runs towards their house. Then he told Litan to do the same going into their house. Accordingly the said boy went towards his house. Within a short while PW-4, when Mominul Islam reached their house, suddenly the accused Esha Bibi started rebuking the Mominul Islam using filthy language standing inside her own homestead. After hearing the fifthy language of Esha Bibi the elder brother of Mominul, PW-1, the informant Aminul Islam came from their house and asked Esha Bibi why she was rebuking his brother Mominul. At that moment the accused appeallant Isub Ali and another accused Nayan Miah came to the side of the accused Esha Bibi and all of them at a time started rebuking the complainant/informant and his brother Mominul using filthy language like "son of swine" and simultaneously started to throw some brickbats towards the informant as well as Mominul. Hearing the noise/quarrel, the deceased Nekjan Bibi, mother of Mominul and Aminul came out from their house and asked both of her sons to come back in their house and while she reached near to them suddenly the accused appellant Isub Ali threw a piece of brickbat to her which hit on her head and due to that she received severe injury and fell down on the earth and became unconscious. Instantly she was taken to RGM Hospital, Kailashahar via Kailashahar Police Station wherein, the medical officer, after examining Negjan Bibi declared her as dead.