LAWS(TRIP)-2016-1-7

USHAJOY MOG Vs. THE STATE OF TRIPURA

Decided On January 19, 2016
Ushajoy Mog Appellant
V/S
The State of Tripura Respondents

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence dated 03.03.2012 passed by learned Sessions Judge, South Tripura, Udaipur in case No. 13(ST/S) of 2009 whereunder the learned Sessions Judge found the accused -appellant guilty of the charge framed against him under Sec. 302 of IPC and sentenced him to suffer RI for life and to pay a fine of Rs. 5,000/ -, in default of payment of fine to suffer further RI for one year.

(2.) We have heard learned counsel, Ms. R. Purkayastha for the appellant and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) Prosecution case is that on 21.06.2008 in the early morning at about 6.00 am the victim Jatindra Tripura (aged about 47 years) went out of his house with a takkal (a sharp cutting weapon) in hand to collect firewood from Tulamura forest. At about 12.00 am (noon) his brother Udaichan Tripura (PW1), informant, and other family members got information that dead body of Jatindra Tripura was lying on the foot track of Tulamura forest with severe bleeding cut injuries on neck, forehead, etc. The informant Udaichan Tripura along with other family members and villagers rushed to the spot and found the dead body of Jatindra Tripura lying on the spot on the foot track of Tulamura forest. Immediately thereafter Udaichan Tripura lodged FIR before O/C Silachari P.S. and accordingly Silachari P.S. case No. 6/2008 under Sec. 302of IPC was registered and investigation was taken up.