PRASANTA DAS @ BARUN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) s is an appeal by the convict under Section 374(2) of the Cr.P.C from the judgment dated 15.07.2008 delivered in the ST 120 (WT/A) 2007 by Additional Sessions Judge, West Tripura, Agartala, Court No.3.

(2.) By the said judgment, the appellant has been convicted under Section 302 of the IPC. As consequence of conviction, the appellant has been sentenced to suffer rigorous imprisonment for life with fine of Rs.10,000/- in default of payment thereof to suffer simple imprisonment for 3(three) months.

(3.) The genesis of the prosecution case can be located in the written complaint [Exbt-P-4] filed by one Pankaj Paul (P.W-1). By the said complaint it was informed to the Officer-in- Charge, Ranir Bazar Police Station that on hearing the loud cries, the informant rushed to the house of Sukumar Das. On arriving there he found Prasanta Das was standing with the blood soaked 'dao' [a sharp-edged cutting weapon] in his hand in the courtyard, in front of the verandah of the dwelling hut. The throat of the wife of Prasanta Das namely Namita Das was separated from her body. The blood was oozing out continuously. Prasanta Das @ Barun Das told him by showing the blood stained 'dao' in his hand that he had separated the throat of his wife, Namita Das by hacking blows. When he was asked about the motive behind the killing, the appellant had stated to the informant that the character of Namita was bad. At that time mother of Prasanta namely Smt. Santilata Das was close to the place of occurrence and one domestic help namely Smti Krishna Roy was working in the close proximity of the place of occurrence. Suddenly, the appellant had thrown the 'dao' of his hand in the backyard of his house.