SIRISH PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9th January, 1992 passed by learned Additional Sessions Judge, Belonia in Sessions Trial No.l9(S.T/B) of 1989 whereby the learned Addl. Sessions Judge convicted the accused-appellant for commission of the offence under Section 307 of the IPC and sentenced him to undergo imprisonment for six (6) years and also to pay a fine of Rs 2000/- in default of which he is to suffer R.I. for a further period of two months.

(2.) I have heard Mr M.L. Roy, the learned counsel appearing on behalf of the appellant and Mr S. Das, the learned Public Prosecutor, appearing on behalf of the State of Tripura.

(3.) The facts of the case in brief are that on 19.1.86 A.D. at about 9.00/9.30 a.m. Sudhangshu Bhattacharjee (P.W.8) along with Mukunda Paul (P.W.I) and Rajmohan Shil (P.W.2) were proceeding towards Bathkhola bazar and as they went near the house of Bhabatosh Biswas (P.W.7), the accused-appellant suddenly appeared before Sudhangshu Bhattacharjee (P.W.8) with a dao in his hand and struck successive blows by means of that dao on the person of Sudhangshu Bhattacharjee causing grievous injuries on Ms person. As a result of these violent beating Sudhangshu Bhattacharjee raised cries and fell on the ground unconscious. Rajmohan and Mukunda also raised cries for help. On hearing their cries Badal Majumder (P.W.9) rushed to the scene of occurrence. But by that time the accused- appellant fled away. However, on query Badal Majumder came to know from Rajmohan and Mukunda that it was accused- appellant who caused the injuries on the person of Sudangshu Bhattacharjee by striking blows with dao. A few persons also came there after the arrival of Badal Majumder and then all of them took Sudangshu Battacharjee to the Belonia hospital for his treatment.