RANJAN DEBBARMA Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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Akil Kureshi, J. -
(1.) Heard Mr. S. Sarkar, learned senior counsel assisted by Ms. M. Paul, learned counsel appearing for the convict-appellant. Also heard Mr. S. Debnath, learned Addl. P.P. appearing for the State-respondent.
(2.) This appeal is directed against the judgment and order of conviction and sentence dated 22.11.2010, passed by the learned Sessions Judge, West Tripura District, Agartala, in case No. S.T. 34 of 2010, whereby and whereunder, the appellant has been convicted under Section-302 of IPC and thereby sentenced him to suffer RI for life and to pay a fine of Rs.3,000/-Rupees three thousand with default stipulations.
(3.) The brief facts as projected by the prosecution are as under:
'Brief facts, leading to present trial of the case is that, one Bijoy Debbarma of Ramkrishna Para P.S. Radhapur lodged an FIR in writing on 01.08.2009 at 19-05 hours to S.I Sursen Tripura of Radhapur P.S. alleging that, on that day at about 3-30 pm his daughter Jamuna had some altercation with Ranjan Debbarma (son of elder sister of informant) and at that time, Ranjan Debbarma got furious and with a spade in hand attacked Jamuna and chased her while she was fleeing away and at that time his wife Biswalaxmi debbarma was trying to resist Ranjan and at Bejram Modi Para on village road, Ranjan struck blows on the head of Biswalaxmi Debbarma and as a result Biswalaxmi received severe head injury and died on the spot.
2.1 On receipt of telephonic information, S.I. Sursen Tripura left for village Ramkrishna para after making G.D. Entry in the P.S. and on the spot received FIR from the informant and forwarded the FIR to the P.S. for registering the case. He prepared inquest report over the dead body of Biswalaxmi Debbarma and forwarded the body to the hospital for PM. Examination. Accordingly, police taken up investigation and examined material witnesses, recovered the spade which was used as weapon of offence, arrested the absconding accused, collected material evidence and on completion of investigation submitted chargesheet against accused Ranjan Debbarma for commission of offence punishable under Section-302 of IPC.' ;
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