DILIP DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD learned Counsel Mr. S. Bhattacharjee, learned Counsel for the appellant and also heard learned In-charge P. P. on behalf of the respondent. By judgment dated 18. 3. 2002 passed in Sessions Trial No. 81 (ST/u)/2001 the learned Sessions Judge, South Tripura, Udaipur convicted the accused-appellant U/s 304 Part-II of the Indian Penal Code and sentenced him vide order dated 19. 3. 2002 to undergo 7 years rigorous imprisonment and to pay a fine of Rs. 5000/ -. in default of payment, to undergo rigorous imprisonment for another period of 6 months.

(2.) BEING aggrieved by and dissatisfied with the said order of conviction and sentence the appellant challenged the impugned judgment as illegal and erroneous, in this appeal.

(3.) THE prosecution story, in short compass, is that one Shri Nirode Debbarma (P. W. 1) lodged an ejahar on 24. 7. 2000 to the Kakraban Police Out Post (South Tripura) that his brother namely, Hiramani Debbarma did not return home on 23. 7. 2000 and in the early morning of the next day found his brother lying on the ground near Nutanbazar at Mirza in senseless condition with bleeding injuries on his body. The injured was taken by him and others to Kakraban Primary Health Centre, but the Doctor, after a short treatment, declared him dead and that his brother stated something to him and his niece namely, Archana before his death relating to the incident.