BIDHI DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(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 05.06.2010 delivered in S.T.152 (WT/A) of 2006 by the Additional Sessions Judge, West Tripura, Agartala, Court No.4. By the said judgment and order the appellant has been convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default of payment of fine to suffer further rigorous imprisonment for 3(three) months.

(2.) Genesis of the prosecution is located when one Sanjit Rupini lodged the written Ejahar on 22.12.2006 at about 0835 hours in the Jirania Police Station disclosing that on hearing the hue and cry in his elder sister's house, he had rushed there and found his elder sister namely, Anjana Rupini (aged about 30 years) lying dead with deep cut injury on her throat. His niece, Bithika Debbarma aged about eight years and his nephew, Ayan Debbarma, aged about three years have stated to him that their father, Bidhi Debbarma had dealt blow on the throat of their mother with a dao (a sharp cut weapon) and thereby their mother received the bleeding injury. They had further sated to the informant that their father had fled away to the jungle behind their room with a dao in his hand.

(3.) Based thereon, the Jirania Police Station Case No.47 of 2005 was registered under Section 302 of the I.P.C. against the appellant and taken up for investigation. On completing the investigation, the Investigation Officer (PW-17) filed the charge sheet against the appellant. Having the cognizance taken in due course, the case was committed to the Court of the Sessions Judge, West Tripura, Agartala. The Sessions Judge, thereafter transferred the said case for trial in accordance with law to the court of the Additional Sessions Judge, West Tripura, Agartala, Court No.4. The Additional Sessions Judge framed the charge under Section 302 of the I.P.C. against the appellant to which the appellant pleaded total innocence and intended to face the trial.