Hon'ble Mr. Justice S. Talapatra

1. Heard Mr. S. Deb, learned senior counsel, assisted by Mr. S. Dutta, learned counsel appearing for the appellant as well as Mr. A. Ghosh, learned Addl. Public Prosecutor representing the State.

2. This appeal filed under Section 374 of the Code of Criminal Procedure,1973 is directed against the judgment and order of sentence dated 14.05.2004, passed by the learned Asstt. Sessions Judge, Agartala, West Tripura, in Sessions Trial No. 49(WT/A) of 2003.

3. The prosecution case in brief as emerged from the record is that on 21.09.2002 at about 4/4.30 pm, the appellant stabbed Pritish Sarkar on his back and abdomen by a kirich near the Naba Diganta Club. On receiving the injuries, the injured Pritish ran towards the house of Sri Swapan Sarkar for saving him, where the wife of Sri Swapan Sarkar, namely Smti Pratima Sarkar bandaged the injuries by an indigenous towel (gamcha) and thereafter the injured was taken to the hospital for further treatment and ultimately he recovered from the injuries.

4. The information was lodged in writing on the very day of incidence to the Amtali Police Station and that the FIR since disclosing cognizable offence was re