MONGSAJAL MOG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 29.11.2007, passed, in ST.35(ST/B)/2007, by the learned Additional Sessions Judge, Belonia, South Tripura, convicting the accused-appellant under sections 448 and 302, Penal Code and sentencing him to suffer, for his conviction under section 448, IPC, rigorous imprisonment for a period of one year and to suffer, for his conviction under section 302, IPC, imprisonment for life with fine of Rupees one lakh and, in default of payment of fine, simple imprisonment for a period of two years with further direction that the fine shall, if realized, be paid to the bereaved parents of the deceased child, both the sentences having been directed to run concurrently.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described, thus: On 24.6.2007, at about 9 a.m., when Sudha Mog, a young boy, aged about four years, was playing inside the kitchen of her aunt, Afaisi Mog (PW-2), accused-appellant, Mongsajay Mog, came, with a dao, inside the kitchen and hacked the young child to death by giving him serval blows by means of his dao. Out of fear, Afaisi Mog (PW-2) lost her senses and when she regained her senses, she saw her nephew, Sudha Mog, lying in a pool of blood, and on witnessing the scene, she cried out. On hearing her cries, her brother, Nithoi Mog (PW-9), entered into the kitchen and saw the said child lying dead on the floor of the kitchen. PW-2 reported the occurrence to her brother, Nithoi Mog (PW-9). On being informed about the occurrence, Sudha Mog's father, Niulafru Mog (PW-1), lodged a First Information Report ('FIR') and, on the basis of this FIR, Baikhora Police Station Case No. 58/2007, under section 448/302, IPC, was registered against the present appellant. During the course of investigation, police visited the place of occurrence, held inquest over the said dead body, seized the dao, which was allegedly the weapon of offence and, on completion of investigation, laid charge sheet, under section 448/302, IPC, against the accused-appellant.

(3.) During trial, when charges, under sections 448 and 302, IPC, were framed against the accused, he pleaded not guilty thereto.