LAWS(TRIP)-2020-5-30

MANIK GOUR Vs. STATE OF TRIPURA

Decided On May 29, 2020
Manik Gour Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) The appellant was charged under Section 302 of the IPC for committing murder of one Anjan Gour on 06.08.2014 at about 22.00 hrs. and after regular trial, he has been convicted under Section 302 of the IPC by returning the following finding :

(2.) Pursuant to the said conviction, the appellant was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1000/- with default stipulation. The detention that has been suffered by the appellant has been directed to be set off from the substantive period of imprisonment. The said judgment and order of conviction and sentence dated 26.06.2015 delivered in ST 23(T-1) of 2014 by the Additional Sessions Judge, West Tripura, Khowai have been challenged in this appeal.

(3.) The genesis of the prosecution case can be located in the written complaint dated 04.08.2014 [Exbt.4 and Exbt.8] filed to the officer in charge, Khowai Police Station by one Mallika Gour (Debbarma) revealing that on 06.08.2014 at about 10 o clock at night she heard the loud of her brother Arjun Gour and she rushed to the culvert in front of the house of Raj Kumar Gour on the road of village East Athaibari. Having appeared there, she saw her uncle Manik Gour, the appellant running towards his own house with a dao in his hand. She noticed by the light of torch in her hand that her brother Arjun Gour was lying dead in a pull of blood on the road beside the culvert. She shouted by noticing some marks of hacking blow over his throat in the light of torch. The villagers from the nearby village came to the place of occurrence and found her brother dead. In the written complaint she has asserted as under :