SAHADEB TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants named above along with two others namely Budhimohan Tripura and Shantimohan Tripura were charged together for commission of offence punishable under Sections 302 read with Section 34 of IPC, in connection with Case No. ST 49(ST/B) of 2004, by the learned Additional Sessions Judge, Belonia, South Tripura and on trial, the learned Sessions Judge acquitted all the accused persons from the charge framed against them but found the appellants, named above, guilty of committing offence punishable under Section 304 part(ii) of IPC and sentenced them to suffer R.I. for 5 years and to pay a fine of Rs.10,000/- each in default of payment to suffer further S.I. for one year.

(2.) Heard learned Senior counsel, Mr. A.C.Bhowmik, 222 assisted by learned counsel, Mr. P. Saha for the appellants and learned Additional P.P., Mr. P. Bhattacharjee for the State respondent.

(3.) Prosecution case is that on 04.12.2000, at abou 3.3. 3. t 5 p.m. Bishnu Charan Tripura, aged about 35 years, went out of his house along with the accused appellants Biswamitra Tripura and Sahadeb Tripura for the shop of Swapan Patari (P.W.13) and there, in front of the shop, Bishnu Charan had a quarrel with Shantimohan Tripura (accused acquitted from the charge) at about 6/6-30 p.m. Thereafter, Bishnucharan along with accused appellant Biswamitra and Sahadeb went to the house of Chintamohan Tripura(P.W.7) and they took liquor in the house of Chintamohan together. At about 8 p.m., they left the house. On that night Bishnu Charan did not return home. On the following day, at about 10/11 a.m. dead body of Bishnucharan was found with bleeding injury on head at Dashamani para, in a jackfruit garden. Hearing about the death of Bishnucharan, his brother Bishnudas Tripura(P.W.4) lodged an FIR in writing with the O.C., Belonia P.S. narrating the fact and accordingly, Belonia P.S. case No. 52/2000 read with Section 34 of IPC was registered and an investigation was taken up.