GOPAL BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present Criminal Appeal arises out of the judgment of conviction and sentence dated 29-6-96 imposed by the learned Additional Sessions Judge (Mr. M. C. Roy), West Tripura, Agartala in Sessions Trial No. 25 (W.T/A) of 1994.

(2.) By the impugned judgment, the learned trial Court convicted the appellant Shri Gopal Bowmik under Section 302, I.P.C. with a sentence of Rigorous Imprisonment for life and also under Section 326, I.P.C. with a sentence to suffer Rigorous Imprisonment for five years with a further direction that both the sentences would run concurrently.

(3.) The prosecution case, in short, is that on 21-8-90 in the evening the appellant Shri Gopal Bhowmik came to the house of his relative Shri Pradip Roy. The appellant is the husband of the sister of Shri Pradip Roy of Amtali. Shri Pradip Roy was not available in the house. His wife Smt. Swapna Roy and daughters Bulti alias Prativa and Papan alias Papri had been there in the house. The appellant being close relative came and asked Smti Swapna Roy to cook kichuri (hotch potch) and told her that he would stay for the night and stayed the night. During the fag-end of the night while the inmates, namely, Smti Swapna Roy and her two daughters Bulti alias Prativa and Papan alias Papri were sleeping, suddenly the appellant having entered into the room gave a dao blow in the cheek of Swapna, Swapna woke up and tried to resist the second attempt being made by the appellant with the dao, but the second dao blow chopped off her right hand at wrist level. Thereafter, the appellant gave further dao blow on her. Hearing the cry of mother, both the daughters woke up but unfortunately the appellant gave dao blow to Bulti alias Prativa, as a result Bulti became unconscious having sustained grievous injury. The appellant also gave another dao blow to the youngest daughter of Swapna and all sustained injuries. Being attracted by the alarming cry of the inmates, the neighbouring people rushed to the spot. That happened at about 5.30 a.m., the early morning of 22-8-1990. On seeing the people the accused fled away and as such none could apprehend him on the spot. All the injured were sent to G. B. Hospital, Agartala where injured Bulti alias Prativa succumbed to the injury on 22-8-1990 itself. After investigation police submitted charge-sheet against the appellant under Section 302/326, I.P.C. The case being exclusively triable by the Court of Sessions, the learned Magistrate committed the case and the learned Sessions Judge framed charges on 10-8-1994 under Sections 302/326/307, I.P.C. and transferred the case to the Court of learned Additional Sessions Judge, West Tripura, Agartala.