LAWS(GAU)-2011-7-50

GOURANGA RUDRA PAUL Vs. STATE OF TRIPURA

Decided On July 22, 2011
GOURANGA RUDRA PAUL Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 23.08.2006, passed by the learned Addl. Sessions Judge, Khowai, West Tripura, in case No. S.T.48(WT/K)2005. By the impugned judgment and order, the learned Sessions Judge, convicted the appellant under Sections 498(A)/304(B) of the Indian Penal Code (hereinafter called "IPC") and sentenced him to suffer rigorous imprisonment for two years for his conviction under Section 498(A) IPC and rigorous imprisonment for seven years for his conviction under Section 304(B) IPC. It has also been ordered that, both the sentences shall run concurrently. Aggrieved by the said judgment and order, the convict, as appellant, has come up with this appeal under Section 374 of the code of Criminal Procedure (hereinafter called "Cr.P.C.").

(2.) I have heard Mr. R. Datta, learned counsel, appearing for the appellant and Mr. A. Ghosh, learned Addl. Public Prosecutor, appearing for the State-respondent.

(3.) IN order to bring home the guilt of the accused persons, the prosecution examined as many as six witnesses including the Medical Officer and the INvestigating Police Officers. At the close of the evidence for the prosecution, the accused persons were examined under Section 313 Cr.P.C. They denied the allegations, brought against them and declined to examine any defence witness. Considering the evidence on record, the learned trial Judge recorded conviction and sentence against the accused-appellant as aforesaid. The other accused persons, namely (1) Sri Harimohan Rudra Paul, (2) Smti Usha Rani Rudra Paul and (3) Sri Benu Rudra Paul, were acquitted for want of evidence.