BADAL BAISHNAB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. V. Poddar, learned counsel appearing for the appellant as well as Mr. S. Debnath, learned Addl. PP appearing for the state-respondent.

(2.) This is an appeal under Sec. 374 of the Cr.P.C, 1973 against the judgment and order of conviction and sentence dtd. 8/9/2022 and 12/9/2022 respectively passed by the Ld. Addl. Session's Judge, Gomati Judicial District, Udaipur in connection with Case No. S.T (T-I) 04 of 2019 against the instant accused person and thereby sentenced him to undergo rigorous imprisonment for life with fine of Rs.10,000.00 under Sec. 302 of the IPC in default.to pay the fine shall undergo further rigorous imprisonment for six.(6) months only for the commission of the offence under Sec. 302 IPC.

(3.) The prosecution story as unfolded is that on 10/4/2018 an ejahar was lodged by one Shri Litan Das, S/O Shri Nitai Das Baishnab of Kishoreganj, PS: Kakraban, District: Gomati, Tripura stating inter alia to the facts that about 10 years back his younger sister namely Adari Das Baishnab was married to accused Badal Baishnab, S/O - Gopi Ballab Baishnab of Garjanmura as per Hindu rites and customs. After marriage the sister of informant led her conjugal life peacefully and begotten one daughter namely Miss Anindita Das aged about 8 years and one son namely Master Dweep Das aged about 3 years. Since one year back from the date of lodging the ejahar the accused Badal Baishnab started a bicycle and motor cycle repairing shop at Shilghati bazaar and there he developed an illicit relation with one neighbouring woman namely Smt. Sangita Das Majumder. After that accused started harassing both in mentally and physically and assaulting upon the sister of informant. The matter was informed by the sister of informant to her parents and other relative but harassment upon her continued. Lastly on 9/4/2018 during night time accused Badal Baishnab on being abetted by said Sangita Das Baishnab killed the sister of informant namely Adari Das Baishnab by strangulation. On that night at around 3.00 am one Kajal Das Baishnab informed the informant and other family members of deceased over phone that the sister of informant has died. Then informant and others rushed to the matrimonial house of deceased and found her dead on bed.