STATE OF TRIPURA Vs. BIJOY GOWALA

JUDGEMENT

(1.) This appeal by the State of Tripura is directed against the judgment and order passed by the learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial No. 7 (N.T./K) 1994 on 30-11-1994 acquitting the respondent from the charges under Section 302, I.P.C.

(2.) The accused Shri Bijoy Gowala and Shri Malin Tantubaya were tried for the offence under Section 302 read with S, 34, I.P.C. The prosecution allegation, in brief, is that on 24-5-1991 at about 8 p.m. while the deceased Hariprasad Gowala along with Shri Arjun Bhuiya were returning home from grocery shop, the two accused persons who were waiting on the road, assaulted Hari-prasad Gowala and Shri Arun Bhuiya with lathies, Arjun, however, managed to escape by running to the jungle but Hariprasad sustained injury on his head and fell down at the spot. Later on, the villagers brought Hariprasad to his house, but he succumbed to the injuries at night.

(3.) During trial, the prosecution examined as many as 13 witnesses. The learned Sessions Judge by the impugned judgment and order acquitted the accused persons and hence the present appeal.