ATIKUL ISLAM ALIAS MANIR HOSSAIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In impugnment, is the judgment and order of conviction and sentence dated 26.09.2018 passed by the learned Sessions Judge, Sepahijala District, Sonamura in Case No. ST (T-I) 20 of 2016 whereby and whereunder the appellant was convicted under Section 302 of the Indian Penal Code (IPC, for short) and sentenced him to suffer rigorous imprisonment for life and pay a fine of Rs.10,000/- with default stipulation.

(2.) The prosecution case was set on motion with the registration of the FIR No.079 dated 02.07.2016 at 20.24 hours on the basis of a complaint lodged by one Safi Ulla, inter alia, stating that about eight years back his sister Sumi Akter was given marriage with the appellant. After a considerable period, he started to torture Sumi Akter suspecting her to be involved in an extra marital relationship. There was a compromise meeting in the village where the appellant promised that he would not assault her in future. Thereafter, he went abroad. After four months, he came back and again started to assault her deceased sister on different pretexts. It was further stated in the complaint (Ejahar) that after receipt of the information that her sister was severely assaulted about 20 days back, her mother Manowara Begam went to Sumi Akter's in-laws' house and settled the issue with the appellant's uncle but on 02.07.2016 A.D, at about 3.30 a.m. the appellant had killed Sumi Akter by way of strangulation.

(3.) Being endorsed, the investigation was started. The Investigating Officer visited the place of occurrence and also recorded the statements of the available witnesses under Section 161 Cr.P.C, seized various articles related to the crime, sent the body for postmortem examination and prepared the inquest report. Also sent some seized articles to the State Forensic Science Laboratory and collected report. After completion of the investigation the Investigating Officer prima facie satisfied with the evidence he gathered in course of investigation, submitted the charge sheet.