MONGCHAJAI MOG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant appeal is preferred by the appellant Sri Mongchajai Mog against the judgment dated 02.04.2008 passed by the learned Addl. Sessions Judge, Belonia, South Tripura in ST 7 (ST/B) 2008 wherein the appellant was convicted under Section 32 IPC and sentence to suffer RJ for life and also to pay a fine of Rs. 5,000/- (Rupees Five Thousand only), i.e. to payment of fine money to suffer further SI for six months. Heard Mr. H.K. Bhowmik, learned legal aid counsel appearing for the appellant and Mr. R.C. Debnath, learned Addl. PP. for the State respondents.

(2.) The prosecution case in brief is that on 07.07.2007 at about 12 O'clock at night accused Mongchajai Mog stabbed his wife deceased Ankra Mog with a dagger on the vital part of her body in their own house and leaving her in a seriously injured condition he fled away. The said incident was witnessed by their son P.W. 10 who was sleeping in the house. Thereafter, P.W. 10 came to the house of his Aunty P.W. 2 (Sister of his mother) and informed about the said incident and then P.W. 2 along with their relatives went to the house of the appellant and took her sister, who was thereafter shifted to Julaibari Hospital and thereafter from Julaibari Hospital to Udaipur Hospital. In Udaipur Hospital, the deceased Ankra Mog succumbed to the injuries. On 08.07.2007 P.W. 2, Mrachau Mog sister of the deceased submitted written Ejahar with the Baikhora PS through the O/C. Debdaru Out Post Santirbajar, South Tripura. On receipt of the said Ejahar/FIR the Officer in Charge Baikhora P.S. registered a case and entrusted the same to SI Mahitosh Majumdar P.W. 14 for investigation. Accordingly, P.W. 14, SI of police investigated the case and finally after collecting evidence submitted charge sheet against the accused-appellant Mongchajai Mog under Section 302 IPC.

(3.) On receipt of the charge sheet, learned Judicial Magistrate, 1st. Class, Belonia, South Tripura took cognizance of the offence under Section 302 IPC and thereafter following the necessary procedure committed the case before the Court of learned Addl. Sessions Judge, Belonia, South Tripura for trial being the case was sessions triable.