SUJIT BARDHAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal under Section 374 Cr.P.C. has been filed against the judgment, dated 17.11.2001, passed by the learned Additional Sessions Judge, Khowai, West Tripura, in case No. ST 25 (WT/K)/2001, convicting the appellant under Section 302 IPC and sentencing him to suffer R.I. for life and also to pay a fine of Rs. 5,000/ -, in default to suffer further R.I. for 3 months.

(2.) HEARD Mr. P.K. Biswas, learned Counsel along with Mr. P. Majumder, learned Counsel appearing for the appellant and Mr. D. Sarkar, learned P.P. appearing for the State respondent.

(3.) ON 12.2.1999, in the morning, at about 10.30 a.m., when Babul Gope came to the shop of Niloy Banik for work, the accused Sujit Bardhan called him and took him to a little distance in front of the laundry of Chitta Sukladas and assaulted him with a bamboo stick causing his death. Babul Gope was then brought to the hospital by Parimal Gope, (P.W. 1), where the medical officer after examination proclaimed him dead. Thereafter, on the basis of the FIR lodged by Parimal Gope, (P.W. 1), Khowai P.S. Case No. 5/99 was registered under Section 302 IPC and after completion of the investigation, charge sheet was filed against the accused Sujit Bardhan for commission of offence punishable under Section 302 IPC. The case was then committed to the Court of Sessions by the learned S.D.J.M., Khowai since the case was triable by the Court of Sessions. On receipt of the case, the learned Additional Sessions Judge, West Tripura, Khowai, framed the charge against the accused Sujit under Section 302 IPC and recorded the statement under Section 313 of Cr. PC.