ALKAS MIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr. P.C. 1973 is directed against the judgment and order of conviction dated 30.3.1985 passed by the learned Addl. Sessions Judge, West Tripura District, Agartala in Sessions Trial No. 90(W.T/S) of 1984 whereby the learned Addl. Sessions Judge convicted the appellant Shri Alkas Mia for commission of the offence under Section 302 of IPC and sentence him thereunder to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/- in default of which to undergo a further period of R.I. for one year.

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

(3.) The prosecution case is as follows :- On 10.6.83 deceased Akhil Majumder and Ajit Sarkar (P.W.-l) whose houses are in the same locality came to the Tea Stall of Laxman Ch. Saha (P.W.-9), son of Dhenda Mana in Melaghar market at about 7.30 p.m. and after having taken tea in that Tea Stall both the deceased and Ajit (P.W.-l) moved towards the 'Patil Market' (market of earthen pots) which is on the southern side of the market and as they proceeded at a distance of 50 or 60 cubits to the south of the Tea Stall of P.W.-9 which is known as stall of 'Dhenda Mana' accused Alkas Mia came there and entered into an altercation with Akhil on some issue. The altercation generated much heat and to get rid of the accused, Akhil ran towards Post Office Chowmohoni, but accused Alkas also chased him and no sooner had the deceased Akhil reached at Post Office Chowmohoni than accused Alkas struck a blow on the chest of the deceased by means of a dagger causing severe bleeding injury. On hearing the cry raised by the deceased Ajit also rushed to the scene of occurrence but as soon as he reached there the accused Alkas pulled out the dagger from the chest of the deceased and took to his heels. The deceased on pressing his chest proceeded a few more paces but fell down on the ground in front of the shop of Prafulla Saha. Ajit at once lifted the deceased and took him to Melaghar Civil Hospital in a rickshaw. But after about 15/20 minutes Akhil expired in the Hospital.