INDRAJIT RABIDAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 22-122014 passed by the learned Sessions Judge, Unakoti District, Kailashahar in Sessions Trial No. 14(NT/K) of 2013 convicting the appellant under Sec. 302/341 IPC and sentencing him to undergo rigorous imprisonment for life with a fine of Rs.10,000.00 for the offence under Sec. 302 IPC and to undergo simple imprisonment of one month for the offence under Sec. 341 IPC, which are to run concurrently.

(2.) The case of the prosecution is that on 10/12/2011 at about 6.30 PM, when the informant and her husband, Matilal Das (the deceased) were on their way back home after selling vegetables and marketing for household articles in the local Jagannathpur market, the appellant suddenly appeared on the road and started abusing her husband by using filthy language. At that time, Smt. Minati Das (P.W.10), who was with the informant, came from behind and asked the appellant not to abuse the deceased. To which, the appellant is said to reply, "I will take revenge for the Meghalaya incident" and then walked away, but only to return with a crowbar in his hand, accompanied by 3/4 more persons. These persons caught hold of her husband while the appellant hit the deceased on different parts of his head with the crowbar he was holding. As a result of such attacks, her husband collapsed on the ground unconscious. With the help of Minati Das (P.W.10), the deceased was taken to the house of Kanai Das which was located near the place of occurrence where after they poured water on him and took him to RGM Hospital at Kailashahar by an ambulance where he was declared dead by the doctor. On the following day, at about 1205 hours, the informant lodged the FIR with Kailashahar Police Station, which registered a regular case, i.e. Kailashahar PS Case No. 184/11 under Sec. 341/302/34 IPC. The police then swung into investigation and, after completing the investigation, submitted the charge sheet against the appellant and Amrit Rabidas to face the trial for commission of the offences punishable under Sec. 341/302/34 IPC.

(3.) On commitment, the learned Sessions Judge, having found a prima facie case, framed the charge against the appellant and the said Amrit Rabidas under Sec. 341/302/34 IPC, to which both of them pleaded not guilty and claimed to be tried. However, in the course of trial, the said Amrit Rabidas died and the proceedings against him were dropped. In the course of trial, the prosecution examined seventeen witnesses to prove the charges against the appellant and exhibited a number of documents and articles to bring home the charge against the appellant. On the conclusion of the trial, the trial court passed the impugned judgment of conviction and sentence.