SHARMISTHA MALLIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Ratan Datta, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P. appearing for the State.

(2.) The appellant was charged under Sec. 302 of the IPC for committing murder of one Asim Mallik, his full blood elder brother on 3/8/2013 and after trial, he was convicted under Sec. 302 of the IPC by the judgment dtd. 14/11/2014 delivered in case No. S.T.04(T-1) of 2014. Pursuant to the said conviction, the appellant has been sentenced to suffer rigorous imprisonment for life and without any fine taking a contrary position of law.

(3.) The said judgment is challenged in this appeal on the ground that the trial court [the court of Additional Sessions Judge, West Tripura, Khowai], while appreciating the evidence has failed to return the finding whether the death is murder or the culpable homicide amounting to murder. The prosecution against the appellant is rooted in the complaint filed by one Haridas Sarkar [PW-1] on 4/8/2013 revealing that he got the information that on 3/8/2013 at about 3 p.m., an altercation took place between his two nephews namely Sarmistha Mallik [the appellant] and Asim Mallik (the deceased) on some family matters. The appellant suddenly dealt a dao blow [batni dao] and as a result, Asim sustained severe injuries. He was taken to Teliamura hospital and thereafter, he was referred to G.B.P. Hospital at Agartala. On 4/8/2013, Asim died in the said hospital.