LAWS(GAU)-2008-9-75

TAPAN DEBBARMA Vs. STATE OF TRIPURA

Decided On September 11, 2008
TAPAN DEBBARMA Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) The sole appellant stands convicted u/s 302 of the Indian Penal Code vide judgment and order dated 18.09.02 passed by the Addl. Sessions Judge, West Tripura, Agartala in Sessions Trial No. 98 (WT/A) of 2002. By the impugned judgment, the appellant has been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5,000/- with default stipulation of 2 years SI. Being aggrieved with the conviction, the convict has preferred this approval.

(2.) We have heard Sri A.K. Bhowmik, learned Sr. Counsel for the appellant. The state was represented by Sri D. Sarkar, learned Public Prosecutor. We have also gone through the impugned judgment and the evidence proffered by the prosecution. The defence case was by and large of total denial. It appears that the appellant had taken an alibi to rebut the prosecution evidence that he had absconded after the incidence, but no evidence was produced by the accused to prove that he was always at home.

(3.) At the outset, it would be opposite to give a summary of the prosecution story which is as below :-