RUPCHAND MONDAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS Criminal appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence, dated 26.06.2006, passed by learned Addl. Sessions Judge, Belonia, South Tripura, in Case No. ST 15(ST/B)2006, whereby and where -under the accused -appellant Rupchand Mondal was found guilty of the charges framed against him under Section 302 and 201 of IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 5000/ - in default of payment to suffer S.I. for 6(six) months under Section 302 of IPC and again sentenced him to suffer R.I. for 3(three) years and to pay a fine of Rs. 2000/ - in default of payment to suffer S.I. for 6(six) months under Section 201 of IPC and directed the sentences to run concurrently.

(2.) HEARD learned counsel, Mr. S. Kar Bhowmik for the appellant and learned Public Prosecutor, Mr. A. Ghosh for the State respondent.

(3.) PROSECUTION examined 14 witnesses in course of trial Out of them P.Ws 2 and 11 are the husband and wife i.e. the brother -in -law and sister -in -law of the accused. P.Ws 3, 9 and 10 are the next door neighbours of the accused. P.W.4 is the cousin brother of the deceased. They (P.Ws 2, 3 4, 9 and 11) are the material witnesses before whom the accused alleged to have made extra judicial confession. P.W.1 is the Executive Magistrate who was present at the time when the dead body was dug out from the ditch where it was buried by the accused. P.W.5 is a witness to the recovery of dead body and seizure of Exhibit M.O.1 i.e. rope and the spade. P.W.6 is Sub -Inspector of police of Santirbazar P.S. who was first informed by P.W.2 over telephone about the occurrence and made G.D. entry of the fact reported by P.W.2 on the basis of which O.C. of the P.S. i.e. P.W.14 went to the spot and started investigation. P.Ws 7 and 8 are the constables of police and they are of little importance. P.W.12 has done video recording at the time of digging out of the dead body. P.W. 13 is the Medical Officer who conducted postmortem examination and P.W.14 is the I.O. of the case.