JANARDHAN NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE accused -appellant by way of preferring this appeal challenged the judgment dated 26.04.2013 passed by the learned Sessions Judge, South Tripura, Udaipur in ST 57(ST/S) 2007 convicting him under Section 302 IPC for commission of offence of murder and sentencing him to suffer RI for life and to pay a fine of Rs. 10,000/ -, i.d. to suffer SI for six months. It is to be stated here that the accused -appellant earlier also approached this Court in Criminal Appeal (J) 24 of 2009 challenging the judgment and order dated 05.05.2008 in the aforesaid sessions trial wherein the learned Sessions Judge convicted him under Section 302 IPC for commission of offence of murder and sentenced him to suffer RI for life and to pay a fine of Rs. 2,000/ -, i.d. to payment of fine money, to undergo further RJ for one year.

(2.) THIS Court after hearing the learned counsel for the parties in Criminal Appeal (J) 24/2009 set aside the judgment of the learned Sessions Judge dated 05.05.2008 as well as the statements recorded earlier under Section 313 CrPC and remitted the matter back to the trial court directing it to examine the accused -appellant afresh under Section 313 CrPC by way of putting all the circumstances appearing against him for enabling him to explain the incriminating circumstances including his defence case providing him all opportunities to adduce evidence, if any, if he so wishes, in his defence. Thereafter, the learned Sessions Judge examined the accused -appellant under Section 313 CrPC giving him all opportunities and passed the impugned judgment.

(3.) BRIEF facts of the case are as under: