DHARMARAJ JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. Sarkar, learned legal aid counsel appearing for the appellant as well as Mr. S. Debnath, learned Addl. P.P. appearing for the State.

(2.) The appellant was charged under Section 302 of the IPC for murdering his step brother, namely Surendra Jamatia on 25.07.2012 at about 2020 hours at Kuwaimura under R.K. Pur P.S. and upon regular trial, he has been convicted for culpable homicide, not amounting to murder under Section 304 (Part-1) of the IPC by the Sessions Judge, Gomati Judicial District by his judgment dated 06.02.2015 delivered in ST.34(ST/U)/2014. Pursuant to the said judgment dated 06.02.2015, the appellant has been sentenced to suffer rigorous imprisonment for 7[seven] years and fine of Rs.10,000/- with default stipulation. It has been observed that the period of detention as suffered by the appellant shall be set off from the imprisonment.

(3.) Based on the complaint filed by one Folo Rani Jamatia, wife of the deceased [PW-1] to the Officer-in-Charge, R.K. Pur Police Station on 01.08.2012 [Exbt.P/1], R.K. Pur P.S. case No.299 of 2012 under Section 302 of the IPC was registered and taken up for investigation.