TARANI KALAI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dtd. 28/8/2023 and sentence dtd. 30/8/2023 delivered by Learned Sessions Judge, Gomati District, Udaipur in connection with S.T.39 of 2021. By the said judgment and order of conviction and sentence Learned Trial Court found the appellant to be guilty punishable under Sec. 307/341 of IPC and sentenced him to suffer RI for 10 years and fine of Rs.10,000.00 in default to suffer further RI for three months under Sec. 307 of IPC and under Sec. 351 of IPC. The convict was sentenced to RI for fifteen days and to pay a fine of Rs.200.00 in default to suffer further RI for one day and it was further ordered that both the sentences shall run concurrently.

(2.) Heard Learned Counsel Mr. A. K. Pal appearing for the appellant and also heard Learned P.P. Mr. Raju Datta appearing for the State. In course of hearing Learned counsel appearing for the appellant fairly submitted that in this case Learned Trial Court below has failed to appreciate the evidence on record properly and furthermore there is no independent eye witness of the alleged occurrence of offence excepting the evidence of the victim and as such Learned Trial Court without proper appreciation of the record wrongly found the appellant to be guilty under Sec. 307 read with Sec. 341 of IPC. He further submitted that prosecution before the Learned court below has failed to explain as to how the victim sustain injuries. As such in absence of proving of proper injury of the victim there was no scope on the part of the Learned court below to found the appellant to be guilty for the alleged charge punishable under Sec. 307 of IPC. It was further submitted that charge was not properly framed by the Learned court below and the evidence on record does not justify warrant of conviction against the appellant under Sec. 307 of IPC and alternatively Learned counsel for the appellant submitted that if it is found the appellant has committed the offence he may at best convicted under Sec. 324 of IPC and accordingly urged for dismissal of this appeal.

(3.) Per contra, Learned P.P. taking part in the hearing submitted that from the materials on record it appears that the accused committed the crime on the alleged day and from the statement of the victim and other corroborating evidence it is crystal clear that he has committed the crime and not only the appellant committed the crime but he caused several infliction of dao blows upon the person of the victim for which she sustained multiple injuries and Learned court below has rightly found the appellant to be guilty and convicted him accordingly and there is no merit in this appeal and urged for dismissal of the appeal with costs.