BAPI ACHARJEE Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. B. Deb, learned counsel appearing for the appellant as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the State.

(2.) THIS is an appeal under Section 374(2) of the Cr P C against the judgment of conviction dated 03.08.2014 delivered in case No. S.T. 173 of 2011 by the Additional Sessions Judge, West Tripura, Agartala, Court No. 5.

(3.) THE genesis of the prosecution case is rooted in the written ejahar filed by one Sankar Acharee (PW -6) disclosing that on 21.12.2009 at about 7.00 p.m one Dilip Bhowmik along with the appellant Bapi Acharjee came to their residence with his wife who abandoned him for 'an evil relation' with that Dilip Bhowmik. At that time Dilip Bhowmik threatened him if his wife made attempt to stay with him, he would kill his wife and son (PW -7). Then his wife left with Dilip Bhowmik and Bapi Acharjee. Again at about 11.15 p.m Dilip Bhowmik and Bapi Acharjee came at his residence and asked him to open the door as his wife was unwell but he did not open the door rather did inform the Police outpost at Ramnagar. On the following morning, he came to know that the dead body of his wife had been located in Barjala and thereafter he lodged the written ejahar to the West Agartala police station at about 8.10 a.m. On such disclosure, West Agartala police station case No. 332 of 2009 under Sections 302/109 of the IPC was registered and taken up for investigation.