(1.) This appeal by the convict under Section 374(2) of the Code of Criminal Procedure, 1974 (the Cr.P.C in short) has questioned the legality of the judgment and order of conviction and sentence dated 16.07.2009 delivered in S.T.06 (ST/B) of 2009 by the Additional Sessions Judge, South Tripura, Belonia. By the said judgment and order the appellant has been convicted under Section 302 of the I.P.C. and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default of payment of fine to suffer further rigorous imprisonment for 1(one) year.
(2.) Genesis of the prosecution is located when the written Ejahar was filed by one Rakhal Chandra Debnath (PW- 1) disclosing that her grand-daughter had rushed to his house at dead hour of night, knocked at the door and stated that the appellant, her father had forcibly made her mother consume poison. After knowing that information, the complainant along with some other persons from the neighbourhood had rushed to the place of occurrence and found his daughter lying on her back on the ground in their room. It has been further stated that his grand-daughter namely, Priya Debnath had stated that when she woke up she could see that her father assaulting her mother by catching on her hair, laid her down on the ground to pour poison inside her mouth.
(3.) Based on the said complaint, which was received on 08.09.2007, the Dharmanagar Police Station Case No.108/2007 was registered under Sections 302 the I.P.C. against the appellant and taken up for investigation. On completing the investigation, the Investigation Officer (PW-12) filed the charge sheet against the appellant under Sections 498-A and 302 of the I.P.C. Having taken the cognizance in due course, the case was committed to the Court of the Additional Sessions Judge, South Tripura, Belonia for trial. The Additional Sessions Judge framed the charge under Sections 498-A and 302 of the I.P.C. against the appellant to which the appellant pleaded total innocence and claimed to face the trial.