MATIR ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 16.05.2017, passed by the learned Sessions Judge, Unakoti Judicial District, Kailashahar, Tripura, in connection with Case No. ST 36(NT/K)/2014 whereby and whereunder the appellant is sentenced to suffer rigorous imprisonment for life along with a fine of Rs.10,000/- (Rupees ten thousand) with default stipulation for committing offence under Section 302 of IPC and further sentenced to suffer rigorous imprisonment for a period of 1(one) year for the offence under Section 417 of IPC.

(2.) Being committed the case to the Court of Sessions Judge, charge was framed under Section 376(1)/417/302 of IPC against the appellant when he pleaded his innocence and claimed to be tried.

(3.) In course of trial, the prosecution had examined 11 witnesses altogether to substantiate the charge. On completion of recording of evidence, the accused-appellant was examined under Section 313, CrPC wherein he was given opportunity to bring it to the notice of the Court about his defence against the incriminating materials surfaced from the evidence of the prosecution witnesses. But the appellant only claimed that the prosecution witnesses had given false evidence against him and he did not commit any mistake. However, he declined to produce any witness on his behalf.