BRATA MOHAN TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment dated 6th July, 2012 delivered by the learned Sessions Judge, North Tripura, Kailashahar whereby he sentenced the accused for having committed offence punishable under Section 448 read with Section 302 I.P.C and sentenced him to undergo 6(six) months rigorous imprisonment and pay a fine of Rs.5,00/-(rupees five hundred only) and in default 1(one) month simple imprisonment for the commission of offence under Section 448 I.P.C and also sentenced him to undergo rigorous imprisonment for life and pay a fine of Rs.10,000/-(rupees ten thousand) and in default to undergo simple imprisonment for 6(six) months.

(2.) The prosecution story briefly stated is that on 23.07.2011 the deceased trespassed into the house of complainant Malati Tripura and that time the complainant was cooking in her room. She heard her daughter shouting and when she rushed out of the room she found the accused Brata Mohan Tripura was giving blows with a Dao (sharp edged weapon) to her daughter on her abdomen and chest, after her daughter fell down the boy stabbed himself with the same weapon. The complainant raised a hue and cry and the villagers came to the spot and took the daughter and the boy to the Manughat Hospital. The daughter Anita Tripura was declared dead.

(3.) According to the prosecution, Brata Mohan Tripura used to love the deceased but since the deceased girl did not reciprocate the love he killed Anita Tripura. FIR was lodged on the date of the occurrence itself at about 7:30 p.m. Investigation was started and after investigation charge sheet was filed against the accused. The learned trial Court framed charges and after recording evidence convicted and sentenced the accused as aforesaid. Hence this appeal by the accused.