SHYAMAL NATH ALIAS SHYAMAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appeal arises from the judgment and sentence dtd. 12/2/2020 passed by Ld. Sessions Judge, North Tripura, Dharmanagar in S.T. (Type-1) 02 of 2019 whereby the appellant was convicted under Sec. 302 of IPC and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000.00 and in default of payment of fine, to suffer further rigorous imprisonment for 6(six) months.

(2.) One Md. Katan Ali (PW-1) lodged the written "Ejahar" on 21/8/2018 at 11:15 hours alleging inter alia, that on that day at about 7:00 A.M. when his father Abdul Kadir (deceased) was going to a nearby shop, the appellant Shyamal Debnath killed him by causing "dao' blows in front of his house. Getting the information from neighbouring people, he went there and found the dead body of his father lying on the ground. It is also stated that the mother of the appellant and his elder brother Kripesh Nath (PW-2 and PW-8 respectively) informed them that the appellant after causing death of the deceased fled away from the spot. The police registered the case as Panisagar P.S. Case No. 2018 PNS 040 under Sec. 302 of IPC and SI Gurupada Debnath (PW-15) investigated the case and finally submitted the charge sheet under Sec. 302 of IPC against the appellant.

(3.) Ld. Trial Court framed the charge under Sec. 302 of IPC against the appellant who denied the charge and thereafter, prosecution examined total 19 witnesses.