SRI. HARILAL DEBNATH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal by the convict under Section 374 of the Code of Criminal Procedure, 1974 (the Cr. P.C. in short) is directed against the judgment and order of conviction and sentence dated 19.05.2011 delivered in Sessions Trial No. 15 of 2011 by the Additional Sessions Judge, No. 3, West Tripura, Agartala. By the said judgment and order, the appellant has been convicted for committing an offence punishable under Section 302 of the I.P.C. and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - (Rupees Five thousand) and in default of payment of fine, to suffer further rigorous imprisonment for 1(one) year.

(2.) IT has surfaced from the written complaint as filed by one Narayan Chandra Ghosh @ Nantu Ghosh (PW -1) to the Officer -in -Charge of Bishalgarh Police Station that on 10.03.2009 at about 7.30 pm. his uncle namely, Sunil Debnath had accompanied the appellant to escort Sukumar Sarkar and Haridas Mandal the sawyers who were working with his uncle up to Kalapania, But thereafter, on 11.03.2009 at about 7.30 am. the dead body of his uncle was recovered having grievous injury on his skull.

(3.) IN order to substantiate the charge, the prosecution has adduced as many as 11 witnesses and introduced 10(ten) documentary evidence (Exbt. 1 to 10). When the appellant was examined under Section 313 of the Cr. P.C. for purpose of having his response on the incriminating materials he had denied all such incriminating circumstances or the materials and stated to be entirely innocent. The Additional Sessions Judge on appreciating the evidence had returned the finding of conviction, which is under challenge in this appeal.