BIKASH KOIRI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The accused, appellant herein, faced trial in case No. ST 63 (NT/D)/ 2005 before the learned Addl. Sessions Judge, North Tripura, Dharmanagar for commission of offence punishable under Section 302 of the Indian Penal Code (for short, "IPC"). The learned Addl. Sessions Judge, North Tripura, Dharmanagar (for short, "trial Judge") after completion of the trial found the accused-appellant guilty for commission of offence under Section 302,1.P.C. and consequent thereto convicted him under the said Section vide judgment dated 27-3-2006 in the aforesaid ST 63 (NT/D)/2005 and remanded him to custody till 29-3-2006 and by an order passed on 29-3-2006 he was sentenced to life imprisonment with a fine of Rs. 10,000/- in default to make payment of fine money, to suffer further RI for two years. In case the fine money is realized the same shall be paid to the widow/legal heirs of the deceased, Ramnarayan Gowala.

(2.) We have heard Mr. R. Datta, learned counsel appearing for the appellant/accused and Mr. R. C. Debnath, learned Addl. PP. for the State.

(3.) Filtering the unnecessary details, the prosecution case is that on 30-6-2005 on Shyamnarayan Gowala (PW 10) lodged a complaint/ejahar as written by Sri Rajkumar Gowala (PW 14) to the O/C Dharmanagar P.S. that he got information through Sri Badal Panika of South Ganganagar (PW 1) that the accused-appellant had apprehended and brought his younger brother deceased Ramnarayan Gowala from Ganganagar Bazar and then after searching he came to the accused-appellant's house with the people of the locality and saw his brother Ramanarayan lying dead in the West south corner of the east viti hut of the accused-appellant with bleeding injuries on his mouth, nose and eyes and swelling injuries on the left hand. At that time the accused and his family members were not found in the house. It is also stated in the complaint/ejahar that the accused had killed his brother and fled away.