ABDUL KALAM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr D.C. Roy, learned counsel for the appellant. Also heard Mr D. Sarkar, learned Public Prosecutor along with Mr B.R. Das Roy for the respondent.

(2.) Against the judgment of conviction under Section 304 Part-II IPC and sentence of RI for 7 years and a fine of Rs.5,00/-, in default, further RI for 3 months passed by the learned Addl. Sessions Judge, Kailashahar, North Tripura on 22.8.96 in S.T. No. 26(NT/K)/92, the convict-appellant preferred this criminal appeal.

(3.) The prosecution case leading to conviction of the appellant could be precisely depicted as under.- One Sri Molla Mia lodged the FIR with Kailashahar PS bearing No. 39/11/88 alleging, inter alia, that on 28.11.88 at about 11 am while his son Abdul Salem was grazing buffalos near Irani Bazar, someone caused serious gun-shot injury on the right chest of his sown with intent to kill him. The injured was promptly shifted to Kailashahar hospital in unconscious condition. The Police having registered the case under Section 326/307 IPC started investigation. After about 13 days, the injured expired in Kailashahar Hospital (11.12.88). On completion of investigation, Police filed chargesheet against the sole accused-appellant under Section 326/302 IPC read with Section 27 of the Arms Act. The case being exclusively triable by the Sessions Judge, the learned CJM committed the same and eventually the learned Addl. Sessions Judge received the case for trial on transfer. The accused was charged, faced trial under Section 304 IPC and also under Section 27 of the Arms Act. During trial the prosecution examined as many as; 16 witnesses while the defence none. On closure, the accused-appellant was examined under Section 313 CrPC. He adduced no evidence and after hearing the arguments, the learned trial Judge convicted the accused with the sentence as aforementioned.