GOPAL GHATWAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The sole appellant Shri Gopal Ghatwal preferred this criminal appeal against the judgment of conviction, recorded by the learned Additional Sessions Judge, West Tripura, Agartala on 24.11.1995 in Sessions Trial No. 176(W.T./K)/1994, by which the appellant was convicted under Section 302 IPC with a sentence of rigorous improvement for life and a fine of Rs.3,000/-, in default one year additional R.I.

(2.) Precisely, the prosecution case could be narrated thus:- At dawn hour on 27.11.1993, Shri Krishna Ghatwal, the informant, Jagnanarayan Ghatwal (deceased), Shri Laxman Debnath and Shri Sridam Ghatwal were enjoying heat of fire under a mango tree at Ghatwal Basti within village- Karangicharra under Khowai Police Station. Suddenly, the appellant Shri Gopal Ghatwal came to the fire place with a "takkal' (dao, the traditionally used sharp cutting weapon) in hand and gave "two successive blows" on the head of Jagnanaryan, as a result, Jagnanarayan received severe head injury and fell down on the ground. With the help of others, Shri Krishna Ghatwal enacted away the dao from the hand of the appellant and kept him confined in a room. Some guarded the room and some people carried the injured in a 'changari' (bamboo made stretcher) to Khowai Hospital, but unfortunately on the way to hospital, Jagnanarayan succumbed to the injuries. Lodged the FIR promptly with the police. Police went to the spot and arrested the appellant. On production before the learned Sub- Divisional Judicial Magistrate, Khowai, the appellant made a confessional statement which was recorded under Section 164 Cr.P.C. On completion of investigation, police filed charge sheet against the appellant under Section 302 I.P.C.

(3.) The case being a sessions triable one, the learned Additional Sessions Judge, Khowai framed charge against the convict- appellant on 7.2.1995 which for convenience sake, is re-produced below:- "That you on or about 27th day of November, 1993 at about 0600-0630 hours at Bitonia Bari Ghatowal Basti, West Karangi Chorra under Khowai Police Station committed murder by knowingly or intentionally causing the death of Jagya Narayan Ghatowal by hitting him with sharp cutting weapon to wit a takkal and thereby committed an offence punishable under Sec. 302 of the Indian Penal Code and within my cognizance."