MANIK CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Appellant Manik Chakraborty has filed this appeal under Section 374 CrPC against his conviction for offence under Section 304 and Section 448 of the IPC and sentence for suffering R.I. for four years and a fine of Rs.10,000/-, in default to suffer further imprisonment for three months, and further sentence to pay a fine of Rs. 1000/-, in default to suffer further imprisonment for one month by the learned Additional Sessions Judge, West Tripura vide his judgment and order dated 5.5.2000 in ST 115 (WT/A) of 1999.

(2.) Heard Mr. P. K. Biswas, learned Counsel assisted by Mr. P. Majumder, learned Counsel for the appellant and Mr. A. Ghosh, learned Additional P.P. for the respondent State.

(3.) The prosecution story, in brief, as stated before the trial Court, is that on 2.10.1998, at about 0.30 hours, the accused appellant broke open the gate and trespassed into the house of the informant, Smti. Minati Debnath (PW 1) which caused her and her husband, Nani Gopal Debnath (since deceased) to wake up and when they came out of their room, they found the accused appellant, Manik standing in the courtyard. The accused appellant charged deceased Nani Gopal of stealing his bicycle and caught hold of the stick of Nani Gopal and pulled him. In the result, Nani Gopal fell on the ground. (It is alleged that Nani Gopal was a man of 75 years and walked with the help of a stick). Then the accused appellant lifted him up and threw him again on the ground and kicked on his chest. The informant/wife of Nani Gopal tried to resist the accused appellant, but she was also violently assaulted by the accused appellant. To no alternative, she raised alarm and hearing her cry, the inmates from other houses and other co-villagers came to the house of the informant. Seeing them, the accused appellant then fled away. Thereafter, Nani Gopal was brought to G.B. Hospital where the Medical Officer after examination declared him dead.