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2017 Supreme(Online)(Gau) 118

IN THE HIGH COURT OF TRIPURA
Mr. Arijit Pasayat, J
Abdul Hannan Maishan v. State of Tripura


Advocates:
For the Appellants/Petitioners: P.K. Biswas
For the Respondents: R.C. Debnath

1. This criminal jail appeal is directed against the judgment dated 18-3-2016 passed by the learned Additional Sessions Judge, Sonamura, West Tripura in Sessions Trial (Type - II) No. 8 of 2014 convicting the appellant u/S. 326, IPC and sentencing him to undergo rigorous imprisonment for a period of seven years with a fine of Rs.10,000/- and, in default thereof, to suffer another six months of rigorous imprisonment. The co - accused was, however, acquitted.

2. The facts giving rise to the appeal may be briefly noted at the outset. It is the case of the prosecution that on 2-6-2012 at 17.30 hrs, one Muklesh Miah of Khedabari (Jolaibari) village within the jurisdiction of Sonamura Police Station lodged a written ejahar to the Officer - in - Charge, Sonamura Police Station against the appellant and one other, namely, Saddam Hossain stating that on 1-6-2012 at about 7 p.m., when his younger brother, namely, Samsul Haque, along with other villagers were enjoying T.V programme in the verandah of the shop of one Mano Miah, the appellant with Saddam Hossain, armed with dagger, suddenly appeared thereat and struck at Samsul Haque on his belly by a dagger due to land dispute, which resulted i



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