THE STATE OF TRIPURA Vs. SANJOY DAS

JUDGEMENT

(1.) These two appeals are being disposed of by one judgment since they both arise out of the same judgment delivered by the learned Additional Sessions Judge, North Tripura, Kamalpur in Sessions Trial (NT/KMP) 06 of 2012 decided on 27.9.2013 whereby he convicted the accused for having committed offences punishable under Ss. 302, 325, 326 and 341 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 50,000/ -, in default of payment of fine to suffer further imprisonment for 1 year for the offence under Sec. 302 of IPC. The accused was also sentenced to undergo Rigorous Imprisonment (RI) for 5 years and to pay a fine of Rs. 25,000/ -, in default of payment of fine to suffer Simple Imprisonment (SI) for 6 months in respect of the offence under Sec. 325 IPC. Similarly, with regard to the offence under Sec. 341 IPC he was sentenced to undergo RI for 1 month. It was further ordered that in case any remission is granted by the Government under Sec. 432 Cr.P.C. all the sentences shall run consecutively. No sentence was separately imposed for the offence under Sec. 326 IPC because that offence was already covered by the conviction and sentence under Sec. 302 IPC. Criminal Appeal (Jail) No. 6 of 2014 has been filed by the accused challenging the judgment in question and Criminal Appeal No. 3 of 2014 has been filed by the State praying that in this case death sentence be imposed upon the accused.

(2.) The prosecution story, in brief, is that the deceased Susmita Das along with her mother Rina Malakar (Das) and younger sister Sangita were going towards the Hararkhola S.B. School. The appellant waylaid these three ladies, wrongfully restrained them and thereafter, he attacked the mother Rina Malakar (das) with an umbrella and with a 'ram dao '(a sharp edged long weapon) and then he assaulted the daughter Susmita with the ram dao inflicting may injuries on her. Due to the injuries sustained the left hand of Kumari Sushmita Das was amputated at the spot and three fingers of the right hand were also amputated at the spot. There was fracture of bone of the skull which finally led to the death of Kumari Sushmita Das on 27.8.2011. The accused was also charged with having caused grievous hurt on the person of Rina Das.

(3.) The prosecution examined as many as 40 witnesses and the learned trial Court after dealing with all the evidence in detail came to the conclusion that it has been proved beyond reasonable doubt that the accused caused the injuries upon Kumari Sushmita Das which were grievous in nature and which led to her death and therefore, convicted him for murder and sentenced him as aforesaid.