AJIT CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In challenge is the judgment and order of conviction and sentence dated 6-11-2003 passed in Case No. ST 19 (ST/U) of 2003 by Additional Sessions Judge, South Tripura, Udaipur, whereby and whereunder appellant Ajit Chakraborty was alone convicted under Section 302, IPC and sentenced him to suffer imprisonment for life and pay fine of Rs. 5,000/- in default rigorous imprisonment for 6(six) months. Appellant was, however, not found guilty though a charge was framed against him under Section 304B, IPC and accordingly acquitted. It would also be appropriate to refer that the above case was also tried against one Saraju Bala Chakraborty, mother of the present appellant under the charges indicated above. The trial Court, however, did not record a conviction against Saraju Bala Chakraborty for want of evidence.

(2.) The facts leading to this present appeal, in a short campus, may be described as under:

(3.) Case was committed to the Court of Session for trial of the appellant and his mother Saraju Bala Chakraborty. The trial Court having considered the materials placed before it framed charge against the present appellant, Ajit Chakraborty and his mother Saraju Bala Chakraborty under Section 302/ 304B, IPC. Both pleaded not guilty to the charges and claimed trial. It is noticed that prosecution to bring home the charge brought 10 (ten) witnesses including the Dr. K. L. Bhowmik and two I. Os., namely, Pradip Dey and Pranab Debnath. Defence also examined 4(four) defence witnesses. The trial Court on the basis of the materials and evidence available on record recorded a conviction against the present appellant under Section 302, IPC alone. Insufficiency of evidence led to acquittal of accused Saraju Bala Chakraborty, the mother-in-law of the deceased under both the charges under Section 302/304B, IPC. Trial Court also recorded acquittal of the present appellant under the charge 304B, IPC.