RAJU LAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant questions the legality of the judgment and order dtd. 14/11/2014 delivered in S.T. 124 of 2010 by the Addl. Sessions Judge, No.2, West Tripura, Agartala by means of this appeal. The appellant was charged under Ss. 302 and 436 of the IPC separately and after trial, he was convicted for committing offences punishable under Ss. 436 and 302 of the IPC. As consequence of such conviction, the appellant has been sentenced to suffer rigorous imprisonment for 7seven. years and fine of Rs.5,000.00 with default stipulation, under Sec. 436 of the IPC and to suffer rigorous imprisonment for life with default stipulation for commission of offence punishable under Sec. 302 of the IPC. It is to be noted that the sentences are directed to run concurrently.

(2.) The prosecution against the appellant was launched on the basis of the written compliant Exbt.1. filed by one Nitai Saha PW-1. on 30/10/2009 revealing that on 30/10/2009 at about 8.15 pm while he was in his house he had noticed that his eastern side viti was ablaze. He rushed out of the room and found that the hut of one Raju Lal Das, who was the tenant of his younger brother, namely Indramohan Saha in the adjacent house. PW-1 at that moment saw Suchitra Das, wife of Raju Lal Das was groaning half-burnt outside that burnt room and muttering 'save me, my husband assaulted me and set fire on the person by pouring kerosene oil'. PW-1 along with others rescued that woman and made arrangement for sending her to the GBP hospital, Agartala. The said hut was fully gutted. The people from the neighbourhood had extinguished the fire. Raju Lal Das, the appellant who has been convicted by the said judgment dtd. 14/11/2014 was seen running away from that place. PW-1 has made a categorical statement in the written complaint as follows:

(3.) Based on the said written complaint dtd. 30/10/2009, Amtali P.S. case No.97/2009 was registered initially under Ss. 436/326 of the IPC. From the records, it appears that on death of Suchitra Das the victim., the investigation was carried out also under Sec. 302 of the IPC with due information to the Magistrate. After completion of the investigation, the final police report was filed in the court of Sessions Judge which had in due course transferred the case to the court of the Addl. Sessions Judge, No.2, West Tripura, Agartala. After taking cognizance, the Addl. Sessions Judge framed the charge under Ss. 436/302 of the IPC against the appellant separately. The appellant pleaded innocence, denied the charge and claimed for trial.