RASHU MUNDA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 15.04.2016 passed by the learned Sessions Judge, Dharmanagar, North Tripura in case no. S.T. (T-1) 34 of 2014 whereby the appellant has been convicted and sentenced to suffer rigorous imprisonment for 4 (four) year for committing an offence punishable under Section 304 (Part II) of the IPC.

(2.) Heard Mr. A. Bhowmik, learned counsel appearing for the appellant as well as Mr. S. Debnath, learned Additional PP appearing for the respondent.

(3.) The prosecution case, briefly stated, is that one complaint was lodged by Surendra Munda stating inter alia that his father Luanga Munda was killed by his brother, Rashu Munda, who was the uncle of the complainant. It was stated in the complaint that both, his father and his uncle, suddenly entered into an altercation, being in intoxicated stage and, at that time, Rashu Munda had suddenly hit the head of his father, Luanga Munda by a hard branch of a teak tree for which his father received grievous injury on his head. Many villagers had rushed to the spot. The wife and son of Luanga Munda were informed about the incident and, they also had rushed to the spot and found Luanga Munda in a dying stage. On the way to the hospital, Luanga Munda had succumbed to his injury.