- (1.)The Appellant-accused Sri Sushendra alias Sushai Deb, faced Sessions Trial No. 8 (WT/K) of 2002 before the learned Addl. Sessions Judge, Khowai, West Tripura for the incident on 13-8-1999 in which one Gopal Suklabaidya was killed. In this Sessions Trial the Appellant-accused was charged along with one Ranjit Gaur for the offence punishable under Section 302 read with Section 34 of the IPC. After full length trial the learned Addl. Sessions Judge, vide impugned judgment and sentence dated 13-7-2005 convicted the Appellant-accused for the offence punishable under Section 302 and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/- in default of payment of fine to undergo simple imprisonment for two months for commission of offence under Section 302 read with Section 34, IPC. Being aggrieved, Appellant-accused filed the present appeal.
(2.)Heard Mr. D.C. Roy, learned Counsel for the Appellant-accused and also Mr. D. Sarkar, learned senior P.P., Tripura appearing on behalf of the Respondent.
(3.)The prosecution story as unfolded during trial is briefly noted.
The informant, Sri Gouranga Suklabaidya (P.W.5) lodged an ejahar to the O.C., Khowai Police Station, stating that on 13-8-1999 (Friday) at about 7 p.m. his younger brother Gopal Suklabaidya (deceased) had gone to Dhalabil with Amrit Acharjee (P.W. 4) in search of labourers to work in field; and he did not return on that day and he and others searched for him. On 15-8-1999 in the morning the informant Sri Gouranga Suklabaidya (P.W. 5) met Gangaram Gour of Dhalabil (P.W. 6) who stated that dead body of the Petitioner's brother, Gopal Suklabaidya was lying in the well. Immediately thereafter they went to the well and saw dead body of his brother Gopal Suklabaidya (deceased) lying in the well. It is also stated in the FIR that on Friday, i.e. 13-8-1999 at about 8 p.m. a quarrel took place between his brother Gopal Suklabaidya and Appellant-accused Sri Sushendra alias Sushai Deb and another, Ranjit Gour (now absconder) in the house of Smt. Janaki Gour of Dhalabil. On being asked Smt. Janaki Gour stated that last Friday at about 8 p.m. in the night Appellant-accused and Ranjit Gour had assaulted the deceased with lathi and torchlight.