RAJU MALAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In impugnment, is the judgment and order of conviction and sentence dated 17.10.2015, passed by the learned Sessions Judge, North Tripura, Dharmanagar, in case No. ST(T-1) 18 of 2014, whereby and whereunder the appellant has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/-, in default to suffer further R.I. for 6 months for the offence punishable under Section 302 of IPC and also sentenced to suffer R.I. for 3 years and to pay a fine of Rs.500/-, in default to suffer further R.I. for 3 months for the offence under Section 201 of IPC and it was directed that both the sentences imposed upon the appellant shall run concurrently.

(2.) The prosecution case, as unearthed, in brief, is that on 24.12.2013 at 3.05 pm an information was received by Panisagar police station from one Priti Ranjan Chakma, the officer-in-charge of Panisagar Fire Service station, that a dead body was lying in the cabin of a truck at Bilthai Parking zone under Panisagar police station. The information was immediately recorded in the General Dairy of the police station as GD Entry No. 755 dated 24-12-2013 and Pradyut Ch. Dutta, Officer-in-Charge of the police station, directed S.I., Debshish Saha to rush to the place of occurrence, and while S.I. Debasish Saha rushed to the place of occurrence found a dead body lying inside the cabin of a truck bearing registration No. TR01E1639. Sri Manna Dey, son of Manik Ch. Dey, a hotel owner of Panisagar, volunteered to lodge a complaint to police at the spot. Accordingly, he lodged an oral complaint with Debasish Saha, Sub-Inspector of police of Panisagar P.S. at Bilthai parking point on 24.12.2013 at 3.45 pm.

(3.) Being endorsed, the investigating officer took up the case for investigation. During investigation, the I.O. visited the place of occurrence, prepared inquest of the dead body and made seizure of the articles found at the P.O. He had also sent the body of the deceased for post-mortem examination and examined the material witnesses of the case. On 27.12.2013, the I.O. arrested the accused from his hideout and also recovered the weapon of offence at the instance of the accused and collected other incriminating materials against the accused.