RANJIT SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) On a charge framed under Section 302 of IPC, against the accused-appellant, Ranjit Sarkar, by learned Addl. Sessions Judge, Khowai, West Tripura, the appellant was found guilty and, accordingly, he was convicted by judgment and order dated 19.11.2008, passed by learned Additional Sessions Judge, Khowai, West Tripura in case No. S.T. 42(ST/K)2008, and the appellant was sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/-(rupees five thousand), in default of payment of fine to suffer further rigorous imprisonment for 6(six) months. The accused-appellant, being highly aggrieved with the judgment and order of conviction and sentence, preferred the present appeal under Section 374 of CrPC.

(2.) Heard learned counsel, Mr. P.K. Biswas for the appellant and learned P.P., Mr. D. Sarkar for the State respondent.

(3.) Bereft of unnecessary details, fact of the case, brought on record, is that, Anil Das, the victim, and the accused appellant, Ranjit Sarkar, were residents of villageTuichindrai(Kusher Tilla) and, on 17.06.2007 at about 10.00 am, they had a quarrel over draining out of rain water through paddy land. Sabtri Das(PW1), a daughter-in-law of Anil Das, Rina Das(PW6), Sumitra Das(PW11) and some others, intervened in the quarrel and asked Ranjit Sarkar not to altercate with Anil Das and, they brought Anil Das to the house. On way to house, in front of the house of Ranjit Sarkar, again they (Anil and Ranjit) picked up quarrel on the same issue and, at that time Ranjit Sarkar threatened Anil Das uttering that he will show him the consequence in the evening.