S.TALAPATRA,J. - (1.)Heard Mr. R. Datta, learned legal aid counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P. appearing for the state.
(2.)The appellant, Sachindra Debnath, was charged under Section 302 of the IPC for intentionally causing death of his mother-in-law namely Subhasini Debnath on 14.02.2011 at about 5 a.m. at Sonacharra, Kalyanpur police station. The appellant was further charged under Section 324 of the IPC for causing hurt to Promode Debnath [PW-8] by sharp cutting weapon on the said date and time. After a regular trial, by the judgment dated 30.01.2015 delivered in S.T.09 (WT/K) of 2011, the Addl. Sessions Judge, Khowai, West Tripura, as he then was, convicted the appellant under Section 302 of the IPC and pursuant to that conviction, the appellant is sentenced to suffer rigorous imprisonment for life, but no sentence of fine is imposed. This is a gross aberration from the mandate of law inasmuch as Section 302 of the IPC clearly stipulates that the sentence shall be both imprisonment and fine.
(3.)At the outset Mr. Datta, learned counsel appearing for the appellant has brought to our notice that no appeal has been preferred by the state against such irregularity. Be that as it may, the prosecution against the appellant was launched based on the complaint filed by one Nani Debnath (PW-5) to the Officer-in-charge, Kalyanpur police station on 14.02.2011. By the said complaint, it had been revealed that on 14.02.2011 at about 0500 hours while the informant's mother-in-law, Subhasini Debnath, came out of her room and proceeded towards the courtyard, the appellant had dealt blow on Subhasini's head by a sharp spade, which is used for cutting the earth. Subhasini sustained severe injury and fell on the ground. On hearing bizarre sound, Promode Debnath [PW-8] rushed to that place. He was also attacked by the appellant. Promode suffered grievous bleeding injury on his right hand. Thereafter, the neighbouring people came over and desisted the appellant. The injured were taken to the Khowai hospital, where Subhasini Debnath was declared dead.
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