DIKHAU @ DIKHAU MOG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this criminal appeal the appellant Dikhau Mog has called in question the correctness and validity of the judgment dated 9.2.2000 passed by learned Additional Sessions Judge, Belonia, South Tripura in Sessions Trial No.45 (ST/B) of 1999 convicting the appellant under section 304 (Part I) of Indian Penal Code for committing an offence of culpable homicide not amounting to murder and sentencing him to under go rigorous imprisonment for five years and a fine of Rs. 12,000, in default another term of rigorous imprisonment for ; five years. Alter filing the appeal the convict appellant obtained are lease order on bail from this Court by order dated 3.3.2000.

(2.) I have heard Mr. PK Biswas, learned counsel for the appellant and Air. RC Debnath, Special PP for the respondent.

(3.) An unfortunate incident of quarrel and scuffle between the appellant and the deceased culminated into death of the latter from head injury sustained by him. The deceased Chaihari Mog was the husband of the sister of the appellant Dikhau Mog. Chaihari was from a place known as Kalsi. He came to Takmachara village of the appellant, as labourer in the house of appellant's father. In course of time Chaihari fell in love with Meoya Mog, the sister of the appellant and they got married against initial objection from her parents and brothers. During their long conjugal bliss five children were born to them. But they were occasionally locked in quarrel when the deceased husband was heavily drunk. On 7.8.1998 early in the morning Smti Meoya Mog (PW 1) accompanied by her younger brother Thuichai Mog (PW 6) lodged a written complaint to the Officer-in-charge of Manpathar Police Out Post which was later registered in Santirbazar Police Station under section 302 of the Indian Penal Code. According to the written version on the previous night (6.8.98) at about 11 O' clock the deceased and the informant were quarrelling inside their hut. The appellant herein being the elder brother of Meoya went to the house of the deceased and asked why the deceased was always quarrelling with Meoya. Annoyed, Chaihari challenged and they started assaulting each other. The appellant allegedly beaten the deceased by a wooden stick and the injury received on head by the deceased brought his end on the spot. The occurrence had taken place in presence of other brothers of the informant, namely, Rabindra Mog (PW 3), Mongshe Mog (P W 4) and Thuichai Mog (PW 6). Following the FIR of Meoya, the Investigating Police Officer came to the place of occurrence which is admittedly the courtyard of the deceased. The investigation finally brought to light, on the basis of the eye witnesses, the place of occurrence and the post-mortem report, that the injuries sustained by the deceased on head were inflicted by the appellant herein during a light between them. Though the charge sheet against the appellant was filed under section 302 of the Indian Penal Code and a formal charge under the same provision was framed by the learned trial Court, the facts finally emerged during a full dressed trial indicated conclusively that the injuries were inflicted unintentionally by the appellant. He had gone to the house of his sister in order to stop the deceased from quarrelling with the Meoya. The motive was thus found to be not stinged with any intent to kill his own brother-in-law. The learned trial Court recorded the finding that the offence fell within the precincts of culpable homicide not amounting to murder. The conviction was thus recorded under section 304 (Part. I) with sentence as aforementioned.