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2008 Supreme(Gau) 792

BIPLAB KUMAR SHARMA, MAIBAM B.K.SINGH
Swadesh Das – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: S. Kar Bhowmik, Adv.
For Respondents/Defendant: B.R. Das Roy, Adv.

JUDGMENT

Mutum B.K. Singh, J.

1. The judgment dated 27.08.1999 passed by the learned Sessions Judge, South Tripura, Udaipur, in Sessions Trial No. 38 (ST/S)/1998, convicting the Appellant and one another under Section 302 read with Section 34 IPC and sentencing them to imprisonment for life, is under challenge in this appeal.

2. Heard Mr. S. Kar Bhowmik, learned Counsel appearing for the Appellant and Mr. B.R. Das Roy, learned Special Public Prosecutor for the State-Respondent.

3. The prosecution case, in brief, is that on 25.05.1997, one Shri Kamini Kumar Das lodged a written report to the O/C, Sabroom Police Station, stating that in the late night of 24.05.1997 while he was sleeping, his wife and younger daughter, Smti Purnima Das, who went outside their house, informed him that the door of the deceased was found open and a kerosene lamp was burning inside but did not respond to their call. Thereafter, they went together to the room of the deceased and found the dead body of his; daughter-in-law, namely, Sanju Das, lying in the pool of blood in the north-western comer of the room. Police entered the incident in G.D. No. 609 and after visiting the place of occurrence, FIR Case No. 30/
















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