Decided on February 20,2019

SWAPAN DAS Appellant
The State of Tripura Respondents


- (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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