RANJAN TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE appellants are aggrieved by the judgment and sentence passed by the learned District & Sessions Judge, South Tripura, Udaipur, in Case No. S.T. 85 (ST/S) of 2004 convicting them of an offence under Section 302 of the Indian Penal Code.

(2.) HEARD Mr. R. Dutta, learned counsel appearing for the appellants and Mr. D. Sarkar, learned Public Prosecutor for the State-respondent.

(3.) BEFORE the learned Sessions Judge, the prosecution examined as many as 12 witnesses. In the judgment under appeal, the learned Sessions Judge has relied on the testimony of PW 5, Smti Pancha Laxmi Tripura i.e. the wife of the younger brother of the deceased, PW 7, Smti. Juddha Laxmi Tripura i.e. the first wife of the deceased and PW 8, Smti. Santi Mala Tripura i.e. the second wife of the deceased for the purposes of convicting the appellants. The learned Sessions Judge has also relied on the statement of PW 10 i.e. Shri Dayal Hari Tripura given under Section 161 of the Criminal Procedure Code (CrPC). It may be mentioned though that this person turned hostile during the course of oral examination on oath.