KRISHNA KANTA SUKLA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In Impugnment, is the judgment and order of conviction and sentence dated 06.07.2017 & 07.07.2017 respectively, passed by the learned Additional Sessions Judge (Court No.5), West Tripura, Agartala, in case No. ST(T-1)158/2012, whereby the appellant has been convicted and sentenced under Section 302 of the Indian Penal Code (for short, IPC) to suffer rigorous imprisonment for life and a fine of Rs.10,000/- (Rupees ten thousand) only with default stipulation. The appellant has further been sentenced to suffer simple imprisonment for one year for committing offence punishable under Section 309 of IPC and both the sentences shall run concurrently.

(2.) The prosecution case was launched on the basis of a complaint filed by one Babul Chandra Das, wherein he alleged that on 28-29.12.2009 at around 02:30 hours, he came to learn from one TSR Officer of 10th Battalion over telephone that a dispute was ensued in the house of his sister-in-law, namely Shipra Sukla Baidya (Sukla Das) located at Ballavi Sardar Para under Jirania Police Station. He had rushed to the spot when he heard that Krishnakanta Sukla Das, the husband of his sister-in-law after completion of his duty hours came back with rifle to the said rented house on last night and it would be around 12 O'clock night. After a short while a sound of bullet was heard and he could find the officer of TSR as well as the employee and the police personnel of the police station present at that place. He came to know that Krishnakanta Sukla Das was available inside the room with rifle but he did not get any sound of his sister-in-law. He has further stated in the complaint that the police personnel made repeated requests to him from outside to come out and hand over the rifle. At around 05:30 am he along with others heard another sound of bullet and also heard his screaming. Thereafter TSR as well as police personnel had entered into the room by breaking the fence when he had seen the bloodshed dead body of his sister-in-law with bullet shot lying on the cot and Krishnakanta Sukla Das was also found lying beside her with bullet shot in injured condition. His rifle also was found closed to him. Krishnakanta Sukla Das was sent to GBP Hospital for medical treatment.

(3.) Accordingly, the Officer-in-Charge of Jirania Police Station had registered a case under FIR No.88/09, dated 29.12.2009 and investigation was started.