Decided on June 21,2019



S.TALAPATRA, J. - (1.)Both these appeals being Crl.A.(J)61 of 2015 (Mst.Rukia Begam v. State of Tripura) and Crl.A.(J) 46 of 2018 (Md. Abdul Mukib v. State of Tripura) are consolidated for disposal by a common judgment inasmuch as, these appeals filed under Sec. 374 (2) of the Cr.P.C. emanate from the same judgment and order of conviction of sentence dtd. 15/10/2015 delivered in Case No. ST/T-1/0000019 of 2015 by the Sessions Judge, North Tripura, Dharmangar.
(2.)The appellant namely Mst. Rukia Begam was charged under Sec. 109 read with Sec. 302 of the IPC for abetting the other appellant namely Md. Abdul Mukib in commission of the offence of murder of his wife on 22/3/2015. The other appellant Md. Abdul Mukib was charged under Sec. 302 of the IPC for committing murder of his wife namely Nurrunnessa on 22/3/2015. Both the appellants pleaded innocence by denying the charge and claimed for trial. After the regular trial, the appellant namely Rukia Begam was convicted under Sec. 109 read with sec. 302 of the IPC and she was sentenced to suffer imprisonment for life and fine of Rs.2000.00 with default stipulation. The other appellant was convicted under Sec. 302 of the IPC for committing murder of his wife and he was sentenced to suffer imprisonment for life and fine of Rs.3000.00 with default stipulation. In these appeals, the said judgment and order are under challenge.
(3.)Prosecution against the appellants was launched when one Sunur Uddin (PW-1) lodged a written ejahar (Ext-1) to the officer in charge, Dharmanagar Police Station revealing that on 22/3/2015 which was a Sunday at about 08.30 am he came to know the news from his cousin brother Imtajur Rahaman over phone that Abdul Mukib, one of the appellants cut his wife Mst. Nurunnessa who was aged about 35 years by a dao, a sharp cutting weapon, and her dead body was lying on the road in front of their house. He rushed to that place and found their son Ali Hussain (PW-5) who was stated to be 9 years of age at that point of time. PW-5 stated to the informant that around 07.30 am to 08.30 am in the morning Abdul Mukib started quarrelling with his wife regarding washing of the plates used for eating rice and all of a sudden, in the course of that quarrel Abdul Mukib, one of the appellants, killed his wife by giving blow with a dao. Ali Hussain (PW-5) further informed him that the murder was instigated by the paternal aunt of Abdul Mukib namely "Begam Bibi". Abdul Mukib was detained by the local people for committing that murder. Based on the said written ejahar dtd. 22/3/2019, Dharmanagar PS Case No.2015DMN028 under Ss. 302/34 of the IPC was registered and taken up for investigation. On completion of the investigation, final report under Sec. 173(2) of the CrPC was filed sending up the appellants to face the trial. Since, the offence under Sec. 302 of the IPC exclusively triable by the court of the Sessions, the police papers were committed to that court. Having taken the cognizance, the Sessions Judge framed the charge as stated above. The prosecution in order to substantiate that charge adduced as many as 18 witnesses including Ali Hussain (PW-5), Hazi Faya Ali (PW-9), Surman Ali (PW-11) and the informant, Sunur Uddin (PW-1), with the investigating officer (PW-17). That apart, 12 documentary evidence were introduced by the prosecution. After the prosecution evidence was recorded. The appellant was examined under Sec. 313 of the CrPC for having his response to the incriminating materials that surfaced in the record of evidence. The appellant, Mst. Rukia Begam has completely denied streaks of evidence incriminating her, by stating that those evidence were falsified and she has been framed without any basis, whereas the other appellant, Abdul Mukib has given some explanation stating that since he was served the food in a dirty plate that infuriated him. But generally, both the accused denied the charge of abatement and charge of murder.

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