MANIK SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction and order of sentence dated 15.06.2002 as passed by the Additional Sessions Judge, West Tripura, Khowai in S.T. 81(WT/K) of 2001.

(2.) The prosecution was launched against the appellant under Section 498(A)/302 IPC when the Officer-in-charge of Teliamura Police Station received a complaint from one Smti. Sati Rani Sarkar. As the said complaint disclosed the cognizable offences, Teliamura P.S Case No. 42 of 1998 under Section 498(A)/326/307 of IPC was registered. After investigation, the Investigating Officer on finding prima facie materials submitted the charge sheet by sending the appellant to face the trial under Section 302/498A IPC. Having taken cognizance, that case was transmitted by way of commitment to the Court of the Additional Sessions Judge, West Tripura, Khowai since the case was exclusively triable by the Court of Sessions. The Sessions Judge on receipt of the records from the Court of the SDJM Khowai framed the following charges against the appellant:

(3.) Mr. P. K. Pal, learned counsel appearing for the appellant submitted that on the basis of three purported dying declarations the judgment of conviction has been returned. According to Mr. Pal, learned counsel appearing for the appellant by relying on the dying declarations, the trial Court has committed serious illegality as no medical opinion is found as regards the fitness when the purported dying declarations are stated to have been made.