LAWS(TRIP)-2014-5-35

SRI SANI DEBBARMA Vs. THE STATE OF TRIPURA

Decided On May 06, 2014
Sri Sani Debbarma Appellant
V/S
The State of Tripura Respondents

JUDGEMENT

(1.) THIS appeal by the convict is directed against the judgment and order of conviction and sentence dated 17.03.2012 passed by the Addl. Sessions Judge, West Tripura, Khowai in S.T. 26(WT/K)/2011, whereby the appellant has been convicted for committing the offence punishable under Section 302 of the IPC and sentenced to suffer imprisonment for life with a fine of Rs. 10,000, in default to suffer further RI for one year.

(2.) BY lodging a complaint, Smt. Binata Debbarma (PW. 3), disclosed that her elder brother, namely Ratan Debbarma went to the house of Vim Chandra Debbarma of Kalaipara. There he had quarrel with Sani Debbarma, the appellant. There broke out a scuffle when the appellant had dealt a blow on her brother's head with an axe in order to kill him. Ratan Debbarma was taken to the Teliamura hospital and thereafter to the G.B.P. hospital for his treatment, but he succumbed to the injuries on that very day i.e. on 13.04.2011 at night.

(3.) IN order to substantiate the charge, the prosecution has adduced as many as 11 witnesses and introduced 7 documents (Exbt. 1 to Exbt. 7) including the Post Mortem Examination Report (Exbt. 5) and the complaint (Exbts. -6, 3 and 2).