DIPCHAN SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgment and order of conviction dated 19-7-1995 passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar in Sessions Case No. 22(N.T./D) of 1994 thereby convicting the accused-appellant for the offence under Section 304, Part 2 of IPC and sentencing him to undergo 10 years rigorous imprisonment.

(2.) The case of the prosecution as revealed in the F.I.R. is that on 12-6-91 in the morning, at about 6 a.m. the accused plucked fruit from the jack-fruit tree which was grown inside the compound of deceased Mohan Lal Sahaji in spite of the complaint and protest from the mother of the deceased. In the meanwhile, deceased also came to the spot and went to the Court-yard of accused and also made some altercation with the accused. Suddenly, the accused assaulted the deceased with a wooden stick namely, 'Ish' on his head and other parts of the body. Soon thereafter, the deceased succumbed to injuries. The dead body was brought to the Pecharthal Police Station and Sunil Chandra Sahaji (P.W. 1) gave an oral ejahar which was recorded and a case under Section 302 of IPC was registered and after investigation the accused was charge-sheeted for the offence under Section 302, IPC and after trial the accused was convicted under Section 304, Part-2, IPC as noted above.

(3.) I have heard Mr. A.M. Lodh, the learned senior counsel appearing for the accused-appellant who has questioned the judgment of conviction as recorded by the learned Additional Sessions Judge on various grounds and the learned counsel has taken me through the evidence recorded by the learned trial Court and also the judgment. Mr. S. Das, the learned Public Prosecutor on the other hand, has submitted that the prosecution has proved the case satisfactorily and there is no ground warranting intervention by this Court.