MANJU DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These two appeals being Crl. App. (J) No.28 of 2016 (Sri Manju Debnath vs State of Tripura) and Crl. App. (J) No.32 of 2016 (Sri Sanjoy Datta vs State of Tripura) are clubbed for disposal by a common judgment for the reason that these appeals emerge from the judgment and order dated 22.04.2016 delivered in Case No. Sessions Trial 38(WT/S) of 2012 by the Addl. Sessions Judge, West Tripura District, Sonamura as he then was.

(2.) The appellants were charged under Section 302 read with Section 34 of the IPC for committing murder of Sridam Debnath on 10.07.2010 at night at North Jhumerdhepa under Melaghar PS. After the regular trial both the appellants were convicted under Section 302 of the IPC and sentenced to suffer RI for life and fine of Rs.10,000/- with default stipulation.

(3.) The prosecution against the appellants was launched on the basis of a complaint dated 18.07.2010 lodged to the Officer-in-Charge, Melaghar PS revealing that the complainant namely Bimal Debnath, PW- 9, had initially informed the police that his younger brother namely Sridam Debnath committed suicide by consuming poison in his room. But by the complaint (Exbt.6) dated 18.07.2010 he had changed the statement informing that later on, he came to know one Sanjoy Datta (one of the appellants herein) was having an illicit relation with Manju Debnath, wife of his younger brother namely Sridam Debnath (the other appellant) and those appellants by hatching up a conspiracy killed his brother and fled away. Based on the said complaint Melaghar PS case No.79/2010 under Section 302/34 of the IPC was registered and taken up for investigation.