SUSHIL DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 directed against the judgment and order dated 15.2.10 passed by the learned Sessions Judge, West Tripura, in case No. ST 150/2009.

(2.) Briefly stated, the facts are that one Kamalini Orang has lodged an ejahar to the Officer In-charge, Sidhai Police Station complaining inter alia, that one Dipali Chetri, aged about 18 years at about 2.30 O'clock entered into her room after washing the utensils and at that time one Sushil Debbarma went into her room and when Dipali Chetri shouted by saying "save me", then she and her daughter came near to the room and saw the door of the room was closed. Sushil Debbarma with a dagger (knife) in his hand inside the room caught hold of Dipali and was asking Dipali to accompany him otherwise he would kill her and he would also die. At that moment, the complainant Kamalini and her daughter asked to open the door when Sushil Debbarma stated that this was a matter between him and Dipali and if they tried to enter into the room, he would kill them.

(3.) On hearing this word, out of fear kamalini and her daughter went to some distance away and started shouting. At that moment people from outside arrived at the spot and they together broke the door and went inside and saw severe injury on the body of Dipali and she was incapable of talking. At that time, Sushil was also lying by the side in the state of sustaining injury. The name of the father of Dipali is Lal Bahadur Chetri. The complainant has further stated that Sushil Debbarma used to reside by the side of the house of Lal Bahadur Chetri since long and he used to disturb the girl always. On the date of occurrence at about 2/3 O'clock noon, he tried to take the girl forcibly and as she did not consent, said Sushil killed her and inflicted injury to his own body.