KISHORE JHARA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. N. Majumder, learned counsel appearing for the convict-appellant. Also heard Mr. R. Datta, learned Public Prosecutor appearing for the State of Tripura-respondent.

(2.) This criminal appeal has been filed under Sec. 374(2) of Cr.P.C. against the impugned judgment and order of conviction and sentence dtd. 23/7/2015 passed by the learned Addl. Sessions Judge, Khowai, West Tripura in connection with Sessions Trial No. 10 (T-1) of 2014 whereby and whereunder, the appellant has been convicted under Sec. 302 of IPC and thereby sentenced to suffer RI for life and to pay a fine of Rs.3,000.00 for the same offence with default stipulation.

(3.) The prosecution story, in brief, is that The fact of the prosecution case is that on 24/3/2013 at about 6/6.30 p.m. the informant Maniklal Jhara got an information over mobile that his sister Gunamani Jhara was killed by her husband Kishore Jhara who by giving blows of sharp edged dao then fled away. After receiving the said information then and then he rushed to the house of the accused and found dead body of his sister lying in the north eastern side of the courtyard of the house with injuries on her hand and other parts of the body and came to know that on that day at about 5.00 p.m. his brother in law Kishore Jhara suddenly attacked his sister Gunamani Jhara and killed her by giving indiscriminate blows by dao but he could not say the reason of killing of his sister. The informant Maniklal Jhara lodged written ejahar stating the above fact in the ejahar and submitted the same to police officer of Khowai police station getting him at Lankapura and after receiving his ejahar S.I. Mr. L.L. Darlong forwarded the same to officer in-charge of Khowai police station for registration of the case and Mr. Darlong on spot started investigation since the allegation made in the ejahar was cognizable in nature. Duty Officer of Khowai police station after receiving the ejahar on that day registered it as Khowai PS case No. 39 of 2013 under sec. 302 of IPC and endorsed the investigation of the case to S.I. Mr. L.L. Darlong who already took up the investigation of the case on spot. During investigation Mr. Darlong has visited the place of occurrence, prepared hand sketch map of the place of occurrence with separate index, recorded the statement of available witnesses under sec. 161 of Criminal Procedure Code(in short Cr.P.C.), seized weapon of offence 'dao' under seizure list, sent the dead body to Khowai hospital for post-mortem and after post-mortem seized the wearing apparels of the deceased under seizure list and thereafter on completion of investigation submitted charge-sheet against accused Kishore Jhara under sec. 302 of IPC before the court of learned Sub-divisional Judicial Magistrate, Khowai who after taking cognizance on police report (charge-sheet) has committed the case to this court for trial of the said accused.