BIPUL CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE appellant/accused, Sri Bipul Choudhury, calls in question the legality of the judgment passed by the learned Additional Sessions Judge, South Tripura, Udaipur on 11. 11. 2002 in S. T. No. 21 (ST/s)/2001 convicting the appellant/accused under Section 302 of the Inidan Penal Code (for short 'ipc') and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, in default, to suffer additional imprisonment for two years.

(2.) HEARD Mr. S. Sarkar, learned counsel appearing for the appellant and Mr. A. Ghosh, learned additional public prosecutor for the State-respondent.

(3.) ON 14. 02. 2000 at about 07-30 p. m. , Mr. A. R. Banik, the Officer-in-charge of Sabroom Police Station received a written information from the Sub-Divisional Medical Officer, Sabroom that a dead body of one Sipra Das (Choudhury) was lying in the hospital and he was requested for arranging postmortem examination. The Officer-in-charge of Sabroom Police Station after registering a case of unnatural death being No. 2/2000 under Section 174 of the Code of Criminal Procedure (for short 'cr. P. C') directed Mr. Indrajit Sinha, Sub-Inspector, to enquire into the matter. Sri Indrajit Sinha (P. W. No. 19) held an inquest of the dead body of Sipra Das (Choudhury) in the Emergency Room of the hospital as identified by Chitta Ranjan Choudhury (father-in-law of the deceased), Tapan Choudhury and Babul Choudhury (elder brother-in-law of the deceased ). On 15. 02. 2000 postmortem examination of the dead body of deceased Sipra Das (Choudhury) was done by a team of Doctors, namely, Dr. Dipankar Ghosh (P. W. No. 13), Dr. Bidyut Das (P. W. No. 14) and Dr. Gautam Majumder (P. W. No. 21 ).