SUBASH DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 11. 10. 01 passed by the Assistant Sessions Judge, South Tripura, Udaipur in Case No. S. T. 141 (ST/s) 2000, convicting the appellant herein under Sections 458, 325, 307 and 436 of the Indian Penal Code and sentencing him to suffer consecutive rigorous imprisonment for two years, two years, five years and one year respectively.

(2.) HEARD Mr. P. K. Biswas, learned counsel appearing for the appellant and also heard Mr. R. C. Debnath, learned Addl. Public Prosecutor for the respondent.

(3.) THE prosecution case is that on 17. 10. 99 at about 8. 30 PM, one Sridam Ch. Das lodged a written report to the Darugababu of Sabroom PS to the effect that on the same day at about 7:30 PM, while the informant was at Sabroom town with his elder son, one Tapan Debnath of Kathalshari bazar informed him that the informant's house has been set on fire. On getting the said information, the informant with his elder son rushed to his house and found that the big room of his western biti along with the housewhole articles were completely gutted by fire. It also came to know that his domestic birds (hens, ducks etc.) were also burnt by the said fire. None of the family members was found present in his house except some drops of blood and utensils lying scattered near his kitchen. When he searched about his wife and younger son, he was informed from the house of his neighbour that his wife was lying with severe bleeding injuries in the kitchen of one Krishna Das. The informant immediately rushed to the said house where he found his wife lying with bleeding injuries having cut marks on her body. On being asked, he was informed by his wife that in the same evening at about 6/6. 30 PM the accused Subash Deb entered into his house and inflicted injuries on her body with sharp weapon and also burnt his house. On 15. 10. 99 in the morning, the accused Subash Deb had a quarrel over a pathway dispute in which the accused/appellant threatened the informant and his wife to be killed.