Utpalendu Bikas Saha, J.

1. The appellant Junia Debbarma has been convicted under Section 365/326/302 read with Section 149 of the IPC and sentenced him to suffer rigorous imprisonment for three years for the offence under Section 365 IPC and five years for the offence committed under Section 326 read with Section 149 IPC and also to suffer life imprisonment and to pay a fine of Rs. 5,000/-, i.d. to payment of fine, to undergo further simple imprisonment for six months for the offence under Section 302 read with Section 149 IPC and all the sentences for the aforesaid offences were to run concurrently, and thus, this appeal aims at setting aside the conviction and sentence, as stated aforesaid, passed by the learned Addl. Sessions Judge, Khowai, West Tripura vide his judgment and order dated 24.09.2005 in S.T.61(WT/K) of 2002. Heard Mr. R. Datta, learned counsel appearing for the appellant and Mr. R.C. Debnath, learned Addl. PP appearing for the State respondent.

2. The prosecution version, as unfolded in the case is that on 15.09.1994 one Surendra Debbarma (PW 3) of Bahadur Chandra Para, Kakracherra under Teliamura P.S. lodged a written FIR with the Officer-in-Charge of Telia