MANGKARI CHAN TRIPURA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence dated 04.01.2013, passed by the learned Sessions Judge, South Tripura, Udaipur in Sessions Trial No. 17(ST/S)2012 wherein the accused -appellant Mangkari Chan Tripura was found guilty of the charges framed against him under Ss. 448, 201 and 302 of IPC and sentenced him to suffer R.I. for 6(six) months and to pay a fine of Rs. 500/ - in default of payment to suffer further R.I. for 1(one) month for commission of offence punishable under Sec. 448 of IPC and to suffer R.I. for 3(three) years and to pay a fine of Rs. 5000/ - in default of payment to suffer further R.I. for 6(six) months for commission of offence punishable under Sec. 201 of IPC and again to suffer R.I. for life and to pay a fine of Rs. 10,000/ - in default of payment to suffer R.I. for 2(two) years for commission of offence punishable under Sec. 302 of IPC.

(2.) We have heard learned counsel Mr. B. Majumder for the appellant and learned Addl. P.P. Mr. R.C. Debnath for the State -respondent.

(3.) Prosecution case is that on 04.03.2011 at about 4 -00 a.m. the accused -appellant Mangkari Chan Tripura with an axe in his hand knocked the door of his elder brother, the informant Mohan Chandra Tripura (P.W.7) and asked him to open the door and threatened to kill him by axe blows and out of fear he and his wife Dipumala Tripura (P.W.1) did not open the door of the hut. The accused thereafter went to the nearby hut of his father Bashidhan Tripura, opened the door of the hut of his father and dragged his father to the back side of the hut and hacked him with axe blows and thereafter collected dry leaves and pieces of bamboo etc., put it on the dead body of his father and set it to fire. P.W.7 and P.W.1 being frightened left for the house of P.W.4 Binchan Tripura, the elder brother of Bashidhan Tripura and reported the incident. It is the further case of the prosecution that after committing murder of his father, the accused washed his clothes, blood stained axe and thereafter put the axe inside the house and went out of the house. Neighbours gathered in the house of Bashidhan Tripura and found the accused with axe in hand and also found the accused to take bath and wash the clothes and axe. Police was informed and police officer came to the spot when P.W.7 lodged the FIR and accordingly Manubazar P.S. Case No. 24/11 under Ss. 302, 201 IPC was registered and investigation was started.