CHENJA MOHAN TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal arises out of the judgment dtd. 28/7/2023 passed by the learned Sessions Judge, Dhalai Judicial District, Ambassa in case No.ST (Tpye-1) 19 of 2022 whereby the appellant was convicted under Sec. 326 of the IPC and under Sec. 307 of IPC with a direction to suffer sentence of rigorous imprisonment for 5[five] years each and to pay a fine of Rs.10,000.00 under both the counts and in default to pay the fine, to suffer rigorous imprisonment for a further period of 6 months.

(2.) On 6/4/2022, one Tharmoni Tripura lodged a written Ejahar to Dhumacherra Police Station alleging, inter alia, that on that day, at about 11.30 am the appellant who is the husband of his daughter, Ringkhalaiti Tripura, came to informant's house and gave Dao blows on Ringkhalaiti Tripura with an intention to kill her. She was taken to Dhumacherra hospital where she was receiving treatment. The police authority registered the case as Dhumacherra P.S Case No.03 of 2022 under Ss. 324/307 of the IPC and proceeded with the investigation which finally culminated into filing of a chargesheet by the Investigating Officer (I.O), Sub-Inspector of Police, Sri Debananda Tripura [PW-10] under Ss. 326/307 of the IPC against the appellant.

(3.) The charges under Ss. 307 and 326 IPC were accordingly framed by the Sessions Judge, Dhalai Judicial District, Ambassa, to which the appellant claimed his innocence and to establish the charges, the prosecution thereafter examined total 10 [ten] witnesses and finally, learned Sessions Judge found the appellant guilty under both the Ss. as indicated above.