NIRANJAN SHIL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is against the judgment and order dated 19-8-1995 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. 146(W.T/A) of 1993 thereby convicting the accused-appellant under section 302 of I.P.C. and sentencing him to undergo life imprisonment.

(2.) On 1-5-1985 one Anukul Debnath came to Sidhai Police Station and lodged an oral ejahar stating that on the same day i.e. 1-5-85 at about 9,15/9'30 p.m., on hearing hue and cry coming from the direction of the house of one Baneshwar Choudhury, he rushed towards the direction and there he found Abinash Sarkar lying near the back side of the house of Baneshwar. He also found Rabindra Choudhury supporting the head of Abinash. Abinash Sarkar had severe bleeding injuries on his body. The informant also learnt from the persons who were present there that accused Niranjan Shil along with Biswanath Shil and others assaulted Abinash Sarkar. On the basis of the report (ejahar), Sidhai P. S. case No. 1(5)/85 under Sections 326/34 of IPC was registered. Subsequently Abinash Sarkar succumbed to his injuries on 2-5-85. After investigation, the appellant and the aforementioned Biswanath Shil were charge sheeted for the offence under S. 302 read with S. 34 of IPC. Hence the trial.

(3.) After trial, the learned Sessions Judge acquitted the aforesaid Biswanath Shil of the charge levelled against him and convicted the appellant for the offence under S. 302 as noted above. The plea of the accused-appellant as gathered from his statement under S. 313 of Cr.P.C. and also from the trend of cross-examination is of total denial and that he has been falsely implicated in the case.