LAXMAN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal by the convict, hereinafter referred to as the appellant, against the judgment dated 13.09.2011 delivered in S.T. 55(NT/D) of 2010 by the Assistant Sessions Judge, North Tripura, Dharmanagar. By the said judgment and order dated 13.09.2011 the appellant has been convicted under Section 307 of the IPC and sentence to suffer R.I for 10 years with fine of Rs. 9,000/- with default imprisonment.

(2.) The genesis of the prosecution case is rooted in the written ejahar filed by the Smt. Sushila Debnath (PW-8) on 02.05.2009 disclosing that when her husband namely, Krishna Debnath (PW-7), was approaching towards Pechartahal market place with a bag containing fish by riding a bicycle. Laxman Debnath, the appellant herein, in a premediated manner attempted to kill her husband to settle the score inrespect of previous animosity. He had dealt hacking blow in the backside of his neck of the victim with a sharp dao and fled away. She received the information from Adhir Debnath (PW-4) and rushed, with her relatives, to the place of occurrence. They transported her injured husband to Pachartahal Hospital. No sooner had they reach the hospital, the injured was referred to RGM Hospital at Kailashahar.

(3.) Based on the said written ejahar (Exbt-2), Pechartahal P. S. Case No. 18 of 2009 under Section 307/326 of the IPC was registered on 02.05.2009 and taken up for investigation. On completion of the investigation the final police report had been filed and the case was committed to the court of the Additional Sessions Judge, North Tripura, Dharmanagar for trial. In the course of time, the case was transferred to the court of the Assistant Sessions Judge, North Tripura. The Assistant Sessions Judge, hereinafter referred to as the Trial Judge or the trial court framed charge against the appellant under Section 307 of the IPC in the following terms: