BISWAJIT SINGH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Datta, learned counsel appearing for the appellant as well as Mr. S. Ghosh, learned Special P.P. appearing for the state.

(2.) This appeal under Sec. 374(2) of the Cr.P.C. is directed against the judgment and order of conviction and sentence dtd. 21/1/2015 delivered in S.T. 49 (WT/S) of 2013 by the Addl. Sessions Judge, West Tripura, Sonamura, as he then was. The appellant was charged under Sec. 302 of the IPC for committing murder of his son, Debasish Singh on 3/3/2013 also under Sec. 75 of the IPC for imposing enhanced sentence on antecident. The appellant was convicted under Sec. 302 of the IPC in a regular trial and sentenced to suffer rigorous imprisonment for life and fine of Rs.50,000.00 with default stipulation. The appellant had denied the said charge pleading innocence and claimed for trial.

(3.) In order to substantiate the said charge, the prosecution adduced as many as 15(fifteen) witnesses and 8(eight) documentary evidence including the post-mortem report [Exbt.3]. After recording the prosecution evidence, the appellant was examined under Sec. 313 of the Cr.P.C. when she had denied incriminating materials as surfaced in the evidence by stating that all those are fabricated to frame him falsely in a case. He had repeated his plea of innocence. Thereafter, on appreciation of the evidence the trial court returned the finding of conviction.