BIJOY KRISHNA ACHARJEE Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an appeal by the accused who has been convicted under Section 302 of the IPC by the judgment and order dated 04.05.2009 delivered in S.T. No. 89/2008 by the Sessions Judge, West Tripura, Agartala and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000, in default to suffer further imprisonment for six months.

(2.) THE prosecution against the appellant has its genesis in the written ejahar dated 01.04.2008 filed by one Narayan Acharjee (P.W.1), disclosing that his elder sister Putul Acharjee married the appellant and after marriage she was subjected to cruelty by means of physical assault as well. On 31.03.2008 at about 11.00 night, his sister as well as his nieces, namely Pratima Acharjee and Purnalaxmi Acharjee were assaulted by the appellant. Thereafter, the appellant set fire on his sister's person by pouring kerosene. The neighbours had taken her immediately to the GBP Hospital as she suffered burn injuries. After some time of her taking to the hospital, she was declared dead. Having received the said information, the informant first visited the hospital at about 5.30 in the morning and lodged the FIR at about 10.15 in the night. Agartala Women P.S. Case No. 44/2008 under Section 498A/302 of the IPC was thus registered and taken up for investigation. After the investigation was complete the police filed the final police report, chargesheeting the appellant and in due course the case was committed to the Sessions Judge for trial. The trial judge framed the charge under Section 302 of the IPC, to which the appellant pleaded innocence and claimed to be tried.

(3.) ON recording the prosecution evidence, the petitioner was examined under Section 313 of the Cr.P.C. on 13.03.2009. The appellant denied the incriminating materials. In response to the question No. 23, the appellant prayed for examining his daughter, namely Smt. Sukla Acharjee and one Smt. Niva Rani Chakraborty and for issuing summons on them.