LAWS(GAU)-2008-2-61

BIPLAB DEBNATH Vs. STATE OF TRIPURA

Decided On February 01, 2008
Biplab Debnath Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) THIS Criminal appeal is directed against the Judgment dated 5.12.2001 rendered by the learned Addl. Sessions Judge, Khowai, West Tripura in Sessions Trial No. 83 (WT/ K) of 2000 convicting the appellant Under Section 302 of the Indian Penal Code (for short 'IPC') and sentencing him to suffer imprisonment for life with a tine of Rs. 5000/ - in default of payment, to suffer R. I for 3 (three) months in addition.

(2.) WE have heard Mr. S. Talapatra, learned Sr. counsel for the convict -appellant and Mr. D. Sarkar, learned Public Prosecutor for the State respondent.

(3.) INDISPUTABLY thus, the murder was committed on 6.09.1997 at mid night in the bed room of the convict -appellant. One Chinu Rani Ghosh (neighbour) lodged an information with Khowai police station on 7.9.1.997 in the morning. She simply informed in writing (Ext. P/2) that the appellant and the deceased in sound health had gone to their bed room in the night of 6.9.1997. But on the following morning the wife was found dead on the floor of the room.