ABHIRAM RUPINI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Unsuccessful appellant approached this Court against the judgment dated 30th January, 2012 passed by the learned Addl. Sessions Judge, West Tripura, Agartala (Court No.3) in Sessions Trial No.100 of 2011, thereby convicting him for the offence punishable under Section 302 of IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- in default to suffer further rigorous imprisonment for one year.

(2.) Gravamen of the prosecution case is that, one Ramayan Rupini brother of the informant along with other friends were gossiping in the house of Biswajoy Rupini, at the time the accused-appellant Abhiram Rupini along with Haripada Rupini on 06.06.2010 at about 10.00 P.M. went to the house of Biswajoy Rupini and asked Ramayana Rupini to accompany him to his house. After hearing hue and cry and being alarmed the parents and brother and sister (informant) rushed to the house of Abhiram Rupini, the appellant herein, and found Ramayan Rupini with severe injuries on his head being assaulted by the appellant by one resamphir' (a sharp piece of wood of betel nuts tree). Then Ramayana Rupini was brought to his house by his parents and other and on the next morning was taken to the Jirania Hospital i.e., on 07.06.2010, wherefrom he was referred to GBP Hospital, but he succumbed to his injuries on 09.06.2010, the cause of death of deceased Ramayana Rupini was due to blow given by the convict-appellant, Abhiram Rupini. Thereafter, on the same day i.e., on 9.6.2010 Smt. Radhika Rupini (P.W.-1) being the sister of the deceased lodged complaint to the police station and the police registered a case under Section 302 of the IPC.

(3.) Investigation pertaining to the same was also commenced. Thereafter post mortem was performed on the death body, necessary memos were drawn and statement of the witnesses was recorded. The appellant was arrested on 09th June, 2010 and upon completion of investigation the charge sheet was filed.