BHAJAN SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal by the convict, hereinafter referred to as the appellant, from the judgment and order of conviction and sentence dated 07.07.2014 delivered in Case No.S.T. (T-1) 30 of 2014 by the Additional Sessions Judge, Court No.2, West Tripura, Agartala. By the said judgment the appellant has been convicted under Section 302 of the IPC and sentenced in pursuance thereof, to suffer imprisonment for life and to pay a fine of Rs.5,000/- (five thousand) with default stipulation.

(2.) By the written complaint dated 30.10.2013 [Exbt.1] one Bishnupada Das (PW-1) had revealed to the Officer-in- Charge, Ranirbazar Police Station, West Tripura, Agartala that his elder brother namely Gurupada Das went to look after his rubber garden and paddy field at Lembucherra and there he had found that the appellant was sowing banana saplings over his elder brother's land along with his mother namely Putulrani Saha. When Gurupada (the deceased) asked why the appellant was sowing the saplings in his land, they broke out a quarrel between them. One Ramesh Majumder informed the informant's younger sister namely Namita Das (Debnath) about the said quarrel and the informant's younger sister proceeded with haste towards that place, but when she was proceeding towards this place she found the appellant with 'dao' in his hand was coming out of the land of his elder brother pushing a bicycle forward along with his mother, Putulrani Saha. The informant's sister asked Putulrani about their elder brother but she told that she did not know anything. When the informant's sister with her two sons searched for their elder brother they found that his body was lying in a well beside the land. They immediately informed the police. The police came and lifted the body. The informant has further revealed that over the body there were marks of injuries caused by sharp cutting weapon on injuries. There were injuries on the face and the forehead. The appellant according to the informant had killed his elder brother by hacking and threw the body in the well having been aided by his mother Putulrani Saha. Even it has been stated that Nitai Saha, the cousin of the appellant was also involved the said incident.

(3.) On the basis of the said complaint, Ranirbazar P.S. Case No.57 of 2013 was registered under Section 302/201/34 of the IPC was registered and taken up for investigation. On completion of the investigation the police report was filed under Section 302 and 201 of the IPC. The police papers were committed to the court of the Sessions Judge, West Tripura, Agartala, but in the course of time the said case, registered as S.T. (T-1) 30 of 2014, was transferred to the court of the Addl. Sessions Judge, West Tripura, Agartala, Court No.2. On taking cognizance in due course, the charge was framed under Section 302 and 201 of the IPC. But the appellant pleaded innocence and claimed to be tried in accordance with law.