TALAPATRA,J. - (1.)The appellant was charged under Section 302 of the IPC and after regular trial, he has been convicted under Section 302 of the IPC for committing murder of his brother namely Binay Krishna Debbarma.
(2.)Pursuant to the said judgment, the appellant has been sentenced to suffer rigorous imprisonment for life with fine of Rs.5000/- with default stipulation. It has been observed that the period of detention as suffered by the appellant shall be set off from the term of imprisonment in terms of the provision of Section 428 of the Cr.P.C.
(3.)The prosecution against the appellant was launched on the basis of the written complaint [Exbt.2] filed by one Jatrakanya Debbarma [PW-1] on 17.05.2013 to the Officer-in-Charge of the Sonamura police station. As the said complaint revealed cognizable offence, Sonamura P.S. Case No.58/2013 under Section 448/302 of the IPC was registered and taken up for investigation. In the complaint, PW-1 revealed that on 17.05.2013, at about 1 p.m. when she went to take bath in the pond, her son Bapu Debbarma [PW-11] came rushing to inform her that her husband and the appellant were quarrelling. She came home with her son after taking bath and saw her husband lying dead in the room in bleeding state. She saw rice in the dish. According to her, her brother-in- law, the appellant had entered the room and hacked on his head and neck with dao (sharp edged weapon) and fled away. On her outcry, people from the neighbourhood came and witnessed the incident. On completion of the investigation, the final police report was filed and the police papers were committed to the Court of the Additional Sessions Judge, West Tripura, Sonamura, which framed the charge on 01.04.2015 under Section 302 of the IPC, as stated. The appellant denied the charge, pleaded innocence and claimed to be tried.
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