MILAN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 16.12.2003 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Sessions Trial Case No. 18(ST/B) of 2003. By the said judgment, while convicting the accused appellant under Section 376(1) and 302, IPC, he has been provided with the punishment of rigorous imprisonment for 10 years with a fine of Rs. 2,000, in default of payment of fine, to suffer further rigorous imprisonment for one year and imprisonment for life with a fine of Rs. 5,000, in default of payment of fine, to suffer further rigorous imprisonment for two years under Section 302 IPC. Being aggrieved, the said convict has preferred the instant appeal.

(2.) We have heard Mr. A.C. Bhowmik, Learned Counsel appearing for the accused-appellant as well as Mr. R.C. Debnath, learned Special Public Prosecutor for the State of Tripura. We have also considered the entire materials on record.

(3.) The Baikhora P.S. Case No. 33/2002 was registered under Section 376/302, IPC, on the basis of the FIR dated 21.8.2002, lodged with the O/C, Baikhora police station by one Shri Kejori Mog (PW1). The FIR was to the effect that on 21.8.2002 at about 4 O'clock in the afternoon, while the informant was returning home after finishing his work in the field, he met the accused-appellant, a co-villager, in front of the rubber plantation of one Fasht Mog and behind him the deceased Chen Mog was also returning home with her cows and she was a little distance away. On being asked, as to whether he would go home or not, the accused-appellant replied in the negative stating that he would go later. Thereafter, when the informant had started for his house, after going a little distance, he heard an alarm in a female voice. According to the FIR, the PW1 had returned to the earlier place again where he had met the accused-appellant, however, he could not see the accused-appellant there nor he could see the deceased whom he had earlier noticed. Thereafter, all of a sudden, he saw the accused-appellant coming out of the jungle, that was there inside the rubber plantation, and on seeing the first informant, i.e., PW1, the accused-appellant ran away. Thereafter, the first informant returned home and came to know that his cousin sister, i.e., the deceased had not returned home. According to the FIR, the search was conducted with the help of the people of the locality and in such search, the dead body of the deceased was found behind a bush inside the said rubber plantation. As per the FIR, it was the accused-appellant who had killed the deceased after committing rape on her.