SAJAL BARUA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Chakraborty, learned counsel for the appellant. Also heard Mr. D. Sarkar, learned P. P. appearing for the State of Tripura.

(2.) The legality and validity of conviction of the appellant under Section 302, IPC and resultant sentence to undergo rigorous imprisonment (for short, 'the R.I') for life and a fine of Rs. 100/- in default to undergo another period of R.I. for one month handed down by the learned Sessions Judge, North Tripura Kailashar on 27.6.97 in Sessions Trial No. 3 (NT)/K/97 has been questioned in the instant Criminal Appeal.

(3.) Necessary facts in short compass may be recapitulated. The P.W.-15, Gopal Sinha, Officer-In-Charge, Fatikroy Police Station at about 5.40 a.m. on 15.9.96 when he went to Kumarghat Hospital on being informed by P.W.-13, Chandra Kumar Roy about the occurrence of the instant incident, recorded the statement, which was treated as an FIR, of P. W.-1, Shri Manik Das. Sri Das, set up by the prosecution as the informant, stated that at about 2/2-30 a.m. in the night of 15.9.96 on hearing an alarm call coming from his own house, he woke up with a view to observe as what the matter was and he along with his wife, P.W.-5, Smti Sabitri Das proceeded from his own house and saw a girl of their locality namely Dipali Chakraborty, P.W.-14 calling for one Smti Madhabi Das, P.W.2, asking her to come out and see Babul Das (the deceased). Then he and his wife came and asked Dipali about what did happen, then she asked them to come and see. On going there, they saw Babul was lying with bleeding injury inside a bush beneath a Jam tree standing 10/12 cubits south of Madhabi's house. He was groaning and his intestine came out from the stomach. After seeing such condition of Babul, he called the people of the locality. When he asked Babul, he said that Sajal, the appellant, dealt a dagger blow. In the meantime, he sent some persons to Natunbazar for bringing a vehicle. According to him, the appellant stabbed Babul Das to death about the affair relating to a girl. Babul died on the way to the hospital.