Decided on March 10,2021

Subash Ch. Nama Das Appellant


Akil Kureshi, J. - (1.) This appeal is directed against the judgment and order of conviction dated 16.08.2017 passed in Sessions Trial (T- 1)18 of 2016 by the learned Addl. Sessions Judge, Sonamura, West Tripura Judicial District, whereby and whereunder, the convict-appellant has been sentenced to suffer R.I. for 10 years and also to pay a fine of Rs.5,000/- with default stipulation for the offences committed under Section 304 Part-II of IPC.
(2.) The prosecution case as projected by the learned Trial Judge is as follows:- 'The prosecution case was set into motion based on an oral complaint of one Kalachand Das, S/O Late Harendra Das of Bagabasa, Uttarpara, P.S.- Melaghar dated 11.02.2016 at 22.53 hours recorded by Inspector Soumen Das, O/C Melaghar P.S. alleging inter alia that on 10.02.2016 in the afternoon the accused Subash Nama, the brother-in-law of the informant came to their house and also stayed there and on the date of incident i.e. on 11.02.2016 in the afternoon while the informant went to the market and his other 3 sons also went to the playground to play football, in the meantime, the wife of the informant Dipali Nama Das and his brother-in-law were remain present alone in their house. At about 05:25 PM when the informant was marketing at that time someone informed him over phone that his wife Dipali Nama Das was assaulted by his brother-in-law Subash Nama Das by a piece of bamboo lathi and as result of which his wife sustained severe bleeding injuries. Thereafter, when the informant started to proceed towards his house at that time he found some local public were shifting his wife at Hospital with a vehicle. Then he also boarded in the vehicle and shifted his wife to Sukumar Barman Memorial Hospital where the attending Doctor declared Dipali Nama Das dead due to receiving such injuries. After receiving such compliant O/C Melaghar P.S. registered Melaghar P.S. Case No.2016MLG016 dated 11.02.2016 under Section 302 of IPC against accused Subash Nama Das and thereafter he endorsed this case to SI Pritam Chakma of Melaghar P.S. for its investigation. After receiving the charge of investigation, he visited the place of occurrence, prepared the hand sketch map of P.O. with separate index, examined the available witnesses and recorded their statement under Section 161 of Cr.P.C. During investigation he also seized blood stain earth, control sample of mud, blood sample in a gauze cotton and bamboo piece with blood stain from the place of occurrence. During investigation he also seized other articles and also collected PM report and forensic report from State Forensic Laboratory. Thereafter, after completion of investigation having found a prima facie case against accused Subash Nama Das he submitted charge-sheet against Subash Nama Das under Section 302 of IPC vide C/S No.51/2016 dated 30.07.2016. '
(3.) Having received the copies of the charge-sheet and being committed, the learned Addl. Sessions Judge framed charge against the convict-appellant under Section 302 of IPC. In order to prove the charge, the prosecution examined 15 witnesses and introduced some documents(Exbt-1 to Exbt- 10/1) including material objects (Exbt. M/O-1).;

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