CHANDRA MANIK DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. R. C. Debnath, learned counsel appearing for the appellant and Mr. P. Bhattacharjee, learned Addl. PP appearing for the State.

(2.) THIS appeal is directed against the judgment and order dated 10.2.04, passed by the learned Sessions Judge, South Tripura, Udaipur in Sessions trial No.02(ST/U) 2004, thereby convicting the appellant under Section 304 Part-I of the Indian Penal Code (herein after called the 'IPC') and sentencing him to undergo rigorous imprisonment for ten years and pay fine of Rs.2,000/-, in default, to suffer another period of one month.

(3.) IN order to prove its case, the prosecution examined as many as ten witnesses, including the Medical officer (PW 9) who performed the autopsy and the INvestigating officer (PW 10). At the close of the evidence for the prosecution, the accused person was examined under Section 313 CrPC. He denied the allegations, brought against him and pleaded that on the night of the incident, a group of extremists had visited his house and finding the extremists in his house, he fled the house and that on the next morning, he found that his wife was killed by the extremists. He further stated that as he went to the police station to lodge a complaint regarding killing of his wife, police arrested him. No defence evidence has been adduced to substantiate the said plea, taken by the accused-appellant. The learned Sessions Judge considering the evidence on record came to the conclusion that the accused-appellant committed the offence under Section 304 Part-I IPC and accordingly, convicted and sentenced him under Section 304 Part-I IPC. Aggrieved by the said conviction and sentence, the appellant has come up with this appeal.