ARJUN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant-accused, Arjun Debnath S/O Lt. Lal Mohan Debnath of Dewanbari, Machhmara, P.S. Pecharthal, District North Tripura faced Sessions Trial case being No. S.T. (WT/A)54 of 2004 in the Court of Additional Sessions Judge, West Tripura (Court No. 4) Agartala for the incident in the night between 17/18.9.2003 in the bath room near the conference hall of Rajdhani Hotel at 5th floor in which one Arun Khatowa was killed by cutting into pieces by the appellant-accused. In the session trial, the appellant-accused was charged for the offence punishable under Section 302/ 201 of the Indian Penal Code. After full length trial, the learned Addl. Sessions Judge vide the impugned judgment and order dated 13.11.2006 convicted the appellant-accused for the offence punishable under Section 302 and 201 of the IPC and sentenced to suffer life imprisonment. Being aggrieved, the appellant-accused filed the present appeal. Heard Mr. S. Sarkar, learned counsel appearing for the appellant-accused and Mr. A. Ghosh, learned Addl. P.P. for the State respondent.

(2.) The case of the prosecution is clearly depicted in the impugned judgment dated 13.11.2006 passed, by the learned Addl. Sessions Judge, West Tripura (Court No. 4) Agartala. However, for deciding this appeal the prosecution story, in a nutshell, is recapitulated.

(3.) On receipt of the said original ezahar, P.S. Case being No. East Agartala P.S. Case No. 135 of 2003 under Sections 302 and 201 of the IPC was registered and thereafter the Officer in-charge of the Police Station endorsed the case to P.W. -21, Shri Partha Sarathi Pal, (officer in-charge) of the Out Post of the East Agratala P.S., and thereafter machinery of the investigation was started. In the course of investigation, the appellant-accused, Arjun Debnath, was arrested from the Gouri Hotel at Teliamura. On 18.8.2003, the appellant-accused also made extrajudicial confession to the P.W. No. 17, Dilip Kumar Choudhury, P.W. 18, Shri Sujit Ghosh at Gouri Hotel at Teliamura that he had murdered the victim, Arun Khatowa in the bath room near the conference hall in the 5th floor of Rajdhani Hotel in the night between 17/18.8.2003 by cutting the victim into pieces and packed in four gunny bags. The weapon of the crime, i.e. 'Dao and Takkal' and also the two gunny bags containing pieces of the victim, Arun Khatowa were also recovered at the pointing of the appellant-accused.