JANARAM NOATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. PK Biswas, learned senior counsel assisted by Mr. P Majumdar, learned counsel for the appellant as well as Mr. A Ghosh, learned PP appearing for the State.

(2.) By this appeal under Section 374(2) of the CrPC, the convict, the appellant herein, has challenged the judgment of conviction dated 03.05.2011 delivered in Sessions Trial No. 78/2010. Consequent to the judgment of conviction dated 03.05.2011 under Section 324/307 IPC, the appellant has been sentenced to suffer RI for seven years under Section 307 IPC and to pay a fine of Rs.5,000/-, i.d. to suffer RI for six months. No sentence was imposed under Section 324 of the IPC.

(3.) The genesis of the prosecution case is rooted in the written ejahar filed by one Pintu Paul disclosing that on 05.07.2009 at about 12.00 noon a group of TSR Alpha Company was going from Borakha TSR Camp to take charge of Kobrakhamar CRPF Camp. On the way they stopped their journey in front of the Lalitbazar TSR 1st Bn Camp for the purpose of drinking water. While the group was sitting in that camp one Rifleman No.99010508, namely, Janaram Noatia of that Battalion got involved in a quarrel with one Pawan Kumar, Rifleman of Alpha company of Lalitbazar 1st Bn TSR. Janaram Noatia, the appellant herein, fired shot(s) from his 7.62mm SLR with a view to killing Pawan Kumar at about 12.40 noon.