SWAPAN DAS Vs. THE STATE OF TRIPURA
HIGH COURT TRIPURA
The State of Tripura
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(1.)Heard Mr. Ratan Datta, learned counsel appearing for the appellant as well as Mr. A Roy Barman, learned Addl. PP
appearing for the State.
(2.)By way of preferring this appeal, the appellant has challenged the judgment and order of conviction and sentence
dated 06.11.2017 passed by the learned Addl. Sessions Judge,
Khowai, West Tripura in connection with case No. S.T.(T-1)
06/2015, whereby and whereunder the appellant was convicted under Section 304 Part II of the IPC and sentenced to suffer RI
for 8 (eight) years and to pay a fine of Rs.5,000/- only, i.d., to
suffer SI for three months.
(3.)On the basis of a written complaint dated 15.04.2013 at about 17.35 hrs the Officer-in-charge of Teliamura police
station registered a case to the effect that on 13.04.2013 in the
night at about 22.00 hrs on the call of the accused person,
namely, Swapan Das, Sri Dulal Rudra Paul (now deceased) and
his associates visited the house of the accused person for
collecting their wages where a hot altercation took place on the
issue of their wages and during that time scuffling also took
place. It is further alleged that the accused person assaulted the
deceased with one cricket bat on his head. As a result, Dulal
Rudra Paul (now deceased) received grievous injuries on his
person. He was taken to the Teliamura Rural Hospital by the
associates of the accused person but considering his condition he
was referred to the GBP Hospital, Agartala for better treatment.
However, he succumbed to his injuries on 15.04.2013.
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