SADHAN CHOWDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal under Section 374 Cr. P. C. has been filed challenging the correctness of the judgment and order dated 9. 9. 1999 passed by the learned Additional Sessions Judge, South Tripura, Belonia in Sessions Trial No. 18 (ST/b) of 1999 convicting the appellant under Section 307 IPC and sentencing him to suffer R. I. for five years and a fine of Rs. 1,000/-, in default to suffer S. I. for six months.

(2.) I have heard Mr. A. Das, learned Counsel for the appellant and Mr. R. C. Debnath, learned P. P. In-charge for the respondent-state.

(3.) THE prosecution story, in short, is as follows : on 14. 10. 1998, one Milan Shil (P. W. 1) lodged an FIR with the Officer in-Charge, P. R. Bari Police Station stating, inter alia, that on that day at about 13. 30 hours, he went to fetch water keeping his elder brother Swapan Shil (P. W. 7) in the shop at Barpathari market and at that time, heard sudden cry of his brother, he rushed at once to the shop and found the accused Sadan Chowdhury, appellant herein, struck a dao (chopper) blow on the head of his brother causing severe bleeding injury who fell on the ground. Thereafter, on hearing his cry, the neighbouring people rushed there and caught the accused Sadhan Chowdhury and his brother was taken to Belonia Hospital for treatment. From there he was referred to T. S. Hospital, Udaipur and then to G. B. Hospital, Agartala for better treatment. On receipt of the information, the police came to the place of occurrence and then the local people handed over the accused Sadhan Chowdhury to the police. The informant (P. W. 1), the brother of the victim alleged that the accused assaulted his elder brother with a view to kill him.