Decided on April 30,1951

SONA MIA Appellant
STATE Respondents


NARENDRA NATH SEN GUPTA,J. - (1.)SONA Mea appealed to this Court against his conviction under Section 302, I.P.C. by the Sessions Judge of Agartala, sentencing him to transportation for life. The appeal was dismissed and a notice was issued upon Sona Mea by this Court, in exercise of its re -visional powers under Section 439, Cr.P. Code, to show cause why his sentence should not be enhanced to one of capital punishment.
(2.)CAUSE has accordingly been shown.
At the hearing of the matter, Sona Mea was represented by one of the senior Advocates of this Court. The State Advocate appeared in support of the rule.

(3.)THE following points were put forward on behalf of the accused who filed a written statement:
(1) That the only witnesses against the convict were the wife and the two sons of the deceased. Of these the first named had a grudge against the convict and her two sons were tutored to implicate him falsely. (2) That the wife of the deceased, Nur Che -hara had herself murdered her husband and implicated the convict with the help of her sons in order to save herself. (3) That the convict did not get facilities for producing witnesses to prove the alibi set up by him in defence.

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