AMALENDU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant was put up for trial on the charge of murder of one Nipu Shil and has been convicted by the judgment dtd. 28/5/2014 delivered in S.T.08(ST/B) of 2014 by the Additional Sessions Judge, Belonia, South Tripura, as he then was. Pursuant to the said judgment, the appellant has been sentenced to suffer rigorous imprisonment for life and fine of Rs.3,000.00 with default stipulation. The said judgment and order of conviction and sentence are challenged in this appeal.

(2.) The first information was lodged to the police by the father of the deceased namely Jagadish Ch. Shil on 8/9/2013(see Exbts.1, 6 and 11) disclosing to the officer incharge of P.R. Bari Police Station that the appellant namely Amalendu Das gave a blow on the head of the deceased by a solid lathi and, thereafter he continued to hit him. Later on, his son was taken to Rajnagar Primary Health Centre(PHC) in a half-dead state. He was immediately taken to Belonia hospital and then for better management to the G.B.P. hospital at Agartala. At the time when the first information report was lodged, the informant's son did not succumb to the injuries but on the same day at night at about 10.20 pm informant's son expired. The said information was initially registered as P.R. Bari case No.75/2013 under Sec. 325/307 of the IPC, but later on, the investigation was also directed for commission of offence punishable under Sec. 302 of the IPC. When the police report was filed as the offence is exclusively triable by the Sessions court, the police papers were committed to the court of the Additional Sessions Judge who framed the charge under Sec. 302 of the IPC against the appellant. However, the appellant pleaded innocence and claimed for trial.

(3.) To substantiate the charge, the prosecution examined as many as 16 witnesses including the eyewitnesses and the medical officer who had attended the informant's son. In addition to those witnesses, the prosecution adduced 12 documentary evidence including the inquest report(Exbt.10) and the post-mortem examination report(Exbt.12).