GOUR MANI ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal filed by the two accused, namely, Gour Mani Roy and Md. Hasan Ali, is directed against the judgment, dated 20.7.2011, passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar in Sessions Trial No. 05 (NT/D) of 2009 whereby the learned trial Court convicted the accused of having committed offence under Sections 302/34 IPC. The learned trial Court on conviction sentenced them to undergo imprisonment for life and also to pay a fine of Rs.10,000/- each, in default of payment of fine, the accused were also directed to undergo further R.I. for a period of six months.

(2.) The prosecution case is that one Sajal Nath (P.W. 1) lodged a written complaint to the Officer In-charge of Kadamtala Police Station on 7.10.2008 at about 0705 hours to the effect that on 6.10.2008, in the morning, his brother Sri Santosh Nath aged about 29 years went out of his house for his works, but he did not return in the afternoon and in the evening, he (Sajal Nath) came to Kadamtala market and learnt that his brother was taking tea in the tea stall of Bimal Nath with his friend Sabhendu Nath (P.W.4) and at that time, the accused Gour Mani came and called him. Accordingly, Santosh went with him at about 7.00 p.m. and he did not return home at night.

(3.) On the next day morning, i.e., on 7.10.2008, the informant came to know that a dead body was lying at Kadamtala hospital. He went to the said hospital and found that it was the dead body of his brother Santosh and there were several injuries on the back side of the head of his brother caused by sharp weapon and the head was almost severed.