BENU NAMASUDRA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By judgment and order, dated 21.03.2002, passed, in Sessions Case No. S.T. 9 (NT/KMP) 2001, by the learned Additional Sessions Judge, Kamalpur, North Tripura, the accused-appellant stands convicted under Section 302 read with Section 34 IPC and sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for a period of two years.

(2.) Prosecution's case may, in brief, be described thus :

(3.) As the co-accused, namely, Niranjan, had absconded, learned trial Court framed, against the accused-appellant, Benu, a charge under Section 302 IPC simpliciter, though it was stated in the charge that accused-appellant, Benu, had committed the offence of murder along with accused Niranjan. Be that as it may, the accused-appellant pleaded not guilty to the charge so framed against him. In support of their case, prosecution examined 18 (eighteen) witnesses. The accused-appellant was, then, examined under Section 313 Cr.P.C. and in his examination aforementioned, he denied that he had committed the offence alleged to have been committed by him along with Niranjan, the case of the defence being a mixed plea of complete denial and also a plea that Rabindra had been killed by Subodh (PW2) and Jagadish (PW3). No evidence was, however, adduced by the defence. The learned trial Court, having found the accused-appellant guilty of the offence under Section 302 read with Section 34 IPC, convicted him accordingly and passed sentence against him as mentioned hereinabove. Aggrieved by his conviction and the sentence passed against him, the accused-appellant has preferred this appeal.