AMULYA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this appeal, the appellant has questioned the legality of the judgment dated 05.02.2011 delivered in case No. S.T.105 of 2009 by the Sessions Judge, West Tripura, Agartala. The appellant has been convicted by the said judgment under Section 302 of the I.P.C. for committing murder of one Chira Kumar Debbarma. As consequence of such conviction, he has been sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- (Rupees ten thousand), in default of payment of fine to suffer further simple imprisonment for 2(two) months.

(2.) One Juba Rani Debbarma claiming her to be the wife of Chira Kumar Debbarma lodged a written ejahar on 08.08.2008 to the Officer-in-Charge of Bishramganj Police Station disclosing that on 06.08.208 at about 8 O'clock at night her husband Chira Kumar Debbarma was hacked by the appellant with a 'cheni dao' in their courtyard. Chira Kumar received severe bleeding injuries and was initially taken to the Bishalgarh Hospital but at the advice of the attending doctor, he was taken to G.B. Hospital for treatment.

(3.) Based on the said Ejahar, the Bishramganj Police Station Case No.37 of 2008 under Sections 447/326 of the I.P.C. was registered and taken up for investigation. As Chira Kumar Debbarma succumbed to the injuries on 13.08.2008, taking leave of the Magistrate, Section 302 of the I.P.C. was added and investigation was carried forward by the investigation officer, namely, Jhantu Kr. Ghosh (PW-27). On completion of the investigation by way of submitting the final police report, the appellant was chargesheeted and sent up for facing trial. Having the case committed, in due course of time, the Sessions Judge West Tripura, Agartala framed the charge against the appellant under Section 302 of the I.P.C., to which the appellant pleaded total innocence and claimed to face the trial.