SUBHASH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed challenging the judgment dated 12.01.2017 delivered by the Sessions Judge, Unakoti Judicial District, Kailashahar in Criminal. Appeal No. 07(2) of 2016, affirming the conviction and sentence of the petitioner under Section 326, IPC passed by the Chief Judicial Magistrate of Unakoti Judicial District in case No.PRC (WP) 87 of 2015 convicting the petitioner and sentencing him to Rigorous Imprisonment (RI) for 5 years and fine of Rs. 3000/- with default stipulation for commission of offence punishable under Section 326, IPC by judgment and order dated 23.05.2016.

(2.) Brief facts of the case are as under:

(3.) Based on her FIR Kailashahar P.S. Case No.2015 KLS032 dated 09.07.2015 under Section 326 IPC was registered and the case was endorsed to Shri Buddhiram Debbarma, Sub-inspector of Police for investigation. During investigation Shri Buddhiram Debbarma [PW-1], IO of the case, met the material witnesses of the case and recorded their statements after examining them under Section 161 Cr.P.C. His investigation revealed that the petitioner and his wife started quarreling at around 9.30 p.m. on 26.06.2015 and following such quarrel he hit his wife with an axe on her head. As a result, she received deep cut injury on her scalp which was supported by Dr. Sujit Chakma, [PW-4] who stated in his report [Exbt.5] that the injury was so deep that the brain materials were visible through the injury. The IO had also drawn up hand sketch map of the crime scene with separate index indicating the material locations at the PO and after collection of injury report submitted charge sheet No.30 of 2015 dated 30.07.2015 against the petitioner for commission of offence punishable under Section 326 IPC.