The court upheld the conviction for murder based on consistent eyewitness testimonies and medical evidence, establishing the case beyond reasonable doubt.

1. Heard Mr. PK Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel appearing for the appellant as well as Mr. Ratan Datta, learned PP assisted by Mr. S. Debnath, learned Additional PP appearing on behalf of the respondent.

2. This appeal arises out of the judgment and order of conviction and sentence dated 02.09.2021 passed in connection with case No. S.T. 17 (UK) of 2019 by the learned Sessions Judge, Unakoti District, Kailasahar, whereby and whereunder the learned Sessions Judge had convicted the appellant for the offence punishable under S.302, IPC, and sentenced him to suffer R.I. for life with default stipulation.

3. The case of the prosecution, in brief, is that, on 15.07.18 at about 10-30 AM the informant and his brother Jashim Ahmed, the appellant herein had gathered in the house of their uncle Jahur Ali and therein the appellant demanded their uncle to amicably partition their ancestral property. Jahur Ali told the appellant that it will be done later on. In the mean time tea was served to all the parties. Suddenly the appellant brought out a knife from his waist and started hitting the informant with it. The informant jumped over to the road to save himself and the appellant chasing him started hitting him again with the knife. The informant was saved at the intervention of their uncle Jahur Ali. The appellant then escaped from the spot towards the house of the informant following him. At that point of time, wife of the informant, namely, Jyotsna Begum was standing in the verendah of the house. The appellant started to hit Jyotsna Begum with the knife and when she tried to flee, she was held back by Halima Bibi, wife of the appellant. Jyotsna Begum fell down and the appellant ran away towards the jungle. Local people shifted the informant and his wife to the hospital where the Doctors declared that Jyotsna Begum was brought dead. The informant was also admitted to the hospital where police came and recorded his complaint. He was referred to GBP hospital, Agartala for better treatment but on his own accord, he went to Silchar.

4. The said complaint was registered as Irani PS case No. 45 of 2018 under S.120 - B / 448/326/302/34 of the IPC. The matter was investigated by the investigating officer, and after completion of investigation submitted charge - sheet against the convict appellant under S.447/326/307/506 of the IPC. At the commencement of trial, the learned Sessions Judge had framed charges against the convict appellant and his wife, Halima Bibi under S.120 - B, IPC and again framed charges against the convict appellant under S.448/326/302 of the IPC to which they pleaded not guilty and claimed to be tried.

5. During trial, the prosecution to establish the charges had adduced 19 (nineteen) witnesses and exhibited some documents. After closure of recording evidences, the convict appellant and his wife were examined under S.313, Cr.P.C. wherein they denied all the allegations levelled against them by the prosecution witnesses and also denied to adduce any evidence on their behalf. After hearing arguments and on examining the evidences and materials on record, the learned Sessions Judge had acquitted Halima Bibi from the charges levelled against her, but convicted and sentenced the appellant for committing offence punishable under S.302, IPC. Hence, this appeal before this court.

6. Mr. PK Biswas, learned senior counsel for the appellant has submitted that the prosecution has miserably failed to establish the charges levelled against the convict - appellant. Mr. Biswas, learned counsel has further argued that according to the complainant, Jahur Ali had saved him fro