(1.) The death sentence reference and criminal appeal, mentioned hereinabove, have arisen out of the judgment and order of conviction and sentence, dated 19.11.2012 and 20.11.2012 respectively, passed by learned Sessions Judge, South Tripura, Udaipur in Sessions Trial Case No. S.T.68(ST/S)/2010, whereby the accused appellant Arjun Biswas has been found guilty of committing offence punishable under Section 302 of IPC and sentenced him to death.
(2.) The accused-appellant Arjun Biswas (aged about 42 years) with his wife Kana Biswas(aged about 25 years) and their son Sagar alias Piyal(PW26)(aged about 4/5 years) and the parents of Arjun, namely Niranjan Biswas, the father(aged about 70 cars) and Sova Rani Biswas, the mother (aged about 60 years), used to reside at village- Sukanta Pally, Srinagar, under PS-Manubazar, South Tripura, in the same house premises. The parents, i.e. Niranjan and Sova used to stay in the eastern viti residential hut and the accused appellant with his wife and their son used to reside in the western viti hut, having same courtyard. A village road was passing in front of their house running towards north to south and their house gate was situated by the side of the residential hut of Niranjan and Sova. The most terrible, unfortunate incident of killing of Niranjan Biswas, Sova Rani Biswas and Kana Biswas occurred at evening time in the night of 12.11.2009 (night between 12.11.2009 and 13.11.2009). At that relevant point of time the accused, his wife, their minor son and his parents were the only inhabitants of their house and none else.
(3.) Cognizance was taken on the basis of the police report and in due course the case was committed to the Court of Sessions at Udaipur for trial.
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