SACHI RANJAN TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This present appeal is filed under Sec. -374(2) of the Code of Criminal Procedure, 1973, against the impugned judgment and order of conviction and sentence dtd. 24/6/2015 passed by the learned Sessions Judge, Unakoti Judicial District, Kailashahar in connection with Sessions Trial 24(NT/K) of 2014, whereby and whereunder, the appellant has been convicted for commission of offence punishable under Secs. 457/302 of the Indian Penal Code and sentenced to suffer RI for life for the commission of offence punishable under Sec. 302 of IPC with fine of Rs.5,000.00 (rupees five thousand) with default stipulation as well as to suffer RI for 1(one) year for the commission of offence punishable under Sec. 457 of IPC with fine of Rs.2,000.00 (rupees two thousand) with default stipulation. Both the sentences shall run concurrently.

(2.) Facts leading to the present appeal are that, on 19/7/2013 in the evening, while Matakanya Tripura along with her husband, Annalal Tripura & their minor child were sleeping inside their living hut at Chapalaiaroaza Para under Dhumachhera PS, the accused, Sachi Ranjan Tripura, i.e. the appellant herein, entered into the living hut, and by a dao, inflicted a few blows on the head and face of Annalal Tripura who was lying on a cot. The accused Sachi Ranjan Tripura was identified by the light of a kerosene lamp burning inside his living hut. Accused Sachi Ranjan Tripura had a red clolour T-shirt and one half pant as his wearing apparels. Matakanya, the wife of deceased Annalal, out of fear took shelter in the house of Purnalata Tripura when the accused left the PO. These statements of Matakanya Tripura were reduced into writing on the intervening night of 19/7/2013 & 20/7/2013 at around 01:00 AM by Inspector Surasen Tripura, who proceeded to the PO after receiving information over telephone. This oral complaint of Matakanya Tripura, reduced into writing by Inspr. Surasen Tripura was treated as FIR vide Dhumachhera PS Case No. 03/2013 under Sec. 457/302 of IPC. As such, criminal law was set into motion. Thereafter, the investigation was started and after full-fledged investigation the I.O submitted charge sheet against the accused, Sachi Ranjan Tripura for commission of offence punishable under Sec. 457/302 of IPC

(3.) After that, considering the materials on record charge under Sec. -457/302 of IPC, was framed against the convicted appellant namely, Sachi Ranjan Tripura, to which he pleaded not guilty and claimed to be tried. In order to prove the charges framed against the convicted appellant, the prosecution examined as many as 27(twenty seven) witnesses and exhibited several other evidences in the form of documents as well as material objects were also adduced by the prosecution starting from Exbt.-1 to Exbt.-13/1 and after closure of the prosecution evidence, the convict accused person was examined by the trial Court under Sec. 313(1)(b) of Cr.P.C. However, the accused denied to adduce evidence in self-defence.