JOY KUMAR REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under section 374(2) Cr.P.C. is directed against the judgment and order of conviction and sentence dated 28.04.2017 passed in case No. ST 21 (ST/A) of 2014 by the learned Sessions Judge, Udaipur, Gomati judicial district whereby the accused appellant namely Joy Kumar Reang was convicted and sentenced to imprisonment for life for committing offence punishable under section 302 of the Indian Penal Code and fine of Rs.5,000/- with default stipulation. The appellant was also convicted and sentenced to R.I. for 1 (one) year under section 203 of the Indian Penal Code and it was ordered that both the sentences would run concurrently.

(2.) . The case of the prosecution which has led to the conviction and sentence of the accused appellant emerges out of FIR No. 03 of 2013 dated 16.02.2013 which was registered at Karbook police station in Gomati district on the basis of written ejahar lodged by the accused appellant himself alleging that at about 8PM on 15.02.2013 deceased Kharendra Reang, who was the husband of his sister, came to his house for taking rest on his way back home from Karbook market. While the deceased was resting in his verandah 4/5 unknown miscreants in mask attacked him with dao (a sharp edged weapon) and sticks and killed him. While leaving, they left his dead body at a place located towards the north of his house.

(3.) . The officer-in-charge of the police station registered Karbook PS case No. 03 of 2013 under section 302/34 of the Indian Penal Code against unknown accused and endorsed the case to SI Sri Subir Malakar for investigation. Sri Malakar PW-17 . during his part of the investigation carried out search and seizure and examined the material witnesses of the case and recorded their statements under section 161 Cr.P.C. On 18.02.2013 the accused appellant was arrested. The exhibits were sent to the State Forensic Science Laboratory for chemical examination. But, Sri Malakar PW-17 . could not complete the investigation because he was deputed to inservice training at Hyderabad. The investigation was completed by Sri Ramendra Debbarma PW-22 . who on completion of investigation submitted the charge sheet against accused appellant Joy Kumar Reang for offence punishable under sections 302, 201, 203 and 120 (B) of the Indian Penal Code for committing the murder of Kharendra Reang and also against his mother Smt. Fari Kanya Reang for offence punishable under sections 120 (B) and 201 of the Indian Penal Code for criminal conspiracy and concealment of evidence.