RAM KRISHAN YADAV Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal, under Sec. 374 of the code of Criminal Procedure, is directed against the judgment & order of conviction and sentence, dated 22.02.2005, passed by learned Sessions Judge, West Tripura, Agartala in Sessions Case No. ST(WT/A)19 of 2000.

(2.) Heard learned counsel, Mr. D C Roy (Amicus Curiae), for the appellant and learned Additional Public Prosecutor, Mr. R C Devnath, for the State-respondent.

(3.) Prosecution case is that on 20.09.1997 at evening time the accused-appellant, Ram Krishan Yadav and the deceased Dev Bahadur Thapa were making joke near the mess inside C.R.P.F camp at khumlung. The accused Ram krishan Yadav suddenly opened fire from his SLR and the deceased Dev Bahadur Thapa received fatal injury and died. The bullet fired from the SLR after hitting Dev Bahadur Thapa also hit PW.13, Malaram Singh, who received injury and was hospitalized for about 309(three hundred and nine) days in G.B hospital, Agartala. An F.I.R was lodged by Ranjit Lal Meena, 2nd in Command of 9 Battalion C.R.P.F and based on the F.I.R., Jirania P.S Case No.100/97 was registered under Sections 302 and 326 of the I.P.C and a police investigation was taken up. Sub Inspector, Santi Bhusan Bhuiya (PW.14) was entrusted with the charge of investigation and on completion of investigation, he submitted charge sheet against the accused Ram Krishan Yadav for commission of offence punishable under Sections 302 and 326 of I.P.C.