JIBAN DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal, under Section 374 of Cr.P.C, is directed against the judgment & order of conviction and sentence, dated 11.09.2007, passed by learned Additional Sessions Judge, West Tripura, Agartala, in Case No.ST.(WT/A)128 of 2003.

(2.) CHARGE framed against the appellant, Jiban Das for commission of offence punishable under Section 302 of IPC runs thus :

(3.) PROSECUTION examined 15 witnesses and out of them PWs.1 and 5 are the brother and mother of deceased Shipra. PWs.2, 3, 4, 7 and 9 were all close neighbours of the accusedappellant and they were all declared hostile by the prosecution. PW.6 was the Gao Pradhan of the accused. PW.10 is the Medical Officer, who recorded the dying declaration in presence of PW.12. PW.15 is the autopsy surgeon and PW.14 is the I.O of the case. Learned Additional Sessions Judge relying on the dying declaration of the deceased recorded by PW.10 found accused -appellant guilty of committing offence punishable under Section 302 of IPC and sentenced him accordingly, as aforesaid.