LAWS(TRIP)-2019-12-5

BRIKHODA REANG Vs. STATE OF TRIPURA

Decided On December 04, 2019
Brikhoda Reang Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) The murder of one Evangelist priest namely Kaplaiha Reang led to the prosecution against the appellant namely Brikhoda Reang who was consequently upon the police report charged under Section 302 of the IPC and after regular trial, he was convicted for causing murder of Kaplaiha Reang on 08.09.2002 at 10 p.m. at Lungthrick under Vangmun Police Station.

(2.) Pursuant to the said judgment of conviction, the appellant has been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5000/- with default stipulation. By means of this appeal, the finding of conviction and the order of sentence are challenged.

(3.) The genesis of the prosecution is rooted in the written complaint on 09.09.2002 [Exbt.3] lodged by one Seba Chandra Reang [PW-5], the community Chieftain revealing that in the house of Kapthunga Reang [PW-3], there was a prayer meeting on 08.09.2002 at about 10 p.m. During that time, Brikhoda Reang [the appellant], suddenly, entered in the prayer meeting and started quarreling with his wife Smt. Sainda Reang [PW-1]. Brikhoda Reang had altercation with Kaplaiha Reang [the deceased]. Succumbing to those injuries, from the assault of the appellant which he had unleashed around that time Kaplaiha Reang [the deceased] died on the spot. Based on the said written complaint [Exbt.3], Vangmun P.S. Case No.02 of 2002 was registered under Section 302 of the IPC and taken up for investigation. On completion of the investigation, the final police report was filed sending up the appellant for facing the trial for committing murder of Kaplaiha Reang. The charge was accordingly framed against the appellant under Section 302 of the IPC to which the appellant pleaded not guilty and claimed to be tried.