JHARNA DEBNATH SMTI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is against the judgment and order dated 29.5.1995 passed by the learned Sessions Judge, West Tripura, Agartala in Sessions Trial No. 157(W.T./A) of 1994 convicting the present accused-appellant for the offence under Section 304 Part-II of I.P.C. and sentencing her to undergo 5 (five) years rigorous imprisonment and also to pay fine of Rs. 3000/-(three thousand), in default, to suffer another 6(six) months rigorous imprisonment.

(2.) The case of the prosecution is that deceased Sadhana Rani Paul was residing in the house of the father of the accused Jharna Debnath as a tenant. Accused Jharna was also residing with her father even after her marriage. on 28.4.92 in the morning at about 7 a.m. there was a quarrel between Sadhana and the accused regarding exchange of one 'Ganji' and they also started fighting and the accused nicked up a 'Piri' and gave a blow on the head of Sadhana and Sadhana fell on the ground in the courtyard. Sadhana was hospitalised but she died in the night of 29.4.92. Thereafter the husband of the deceased (Sadhana) lodged an ejahar on 30.4.92 at the Airport Police Station. The O/C, Airport Police Station on receipt of the ejahar registered a case being Airport PS Case No. 8(4)792 under Section 302 of I.PC. and after investigation he submitted charge-sheet against the accused. Thereafter the case was committed to the Court of Sessions. Thus, the accused was tried for the offence under Section 302 of I.P.C. and the learned Sessions Judge passed the judgment of conviction and sentence as noted above.

(3.) Mr. D.Guha, the learned counsel for the accused-appellant has submitted that there is no evidence against the accused for the crime and the learned Sessions Judge committed manifest error in relying upon the uncorroborated sole testimony of a child witness. The learned counsel has also taken me through the judgment passed by the learned Sessions Judge and also the evidence and other materials on records.