The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, and the requirement of intention to cause death or such bodily injury as is likely to cause death.

Saha, J,

This appeal is directed against the judgment and order dated 09.09.2011 passed by the learned Addl. Sessions Judge, Khowai, West Tripura in ST 33 (WT/K) 2009 whereby and whereunder the learned Addl. Sessions Judge convicted the accused-appellant under Section 302 IPC and sentenced to suffer RI for life and to pay a fine of Rs. 10,000/, i.d. to payment of fine, to suffer further RI for one year.

2. Heard Mr. M.K. Roy, learned counsel for the accused-appellant as well as Mr. RC Debnath, learned Addl. PP for the State.

3. Prosecution case in brief, is that, PW 2, Smt. Raimani Jhara, a resident of Dhalabil, Subhash Colony lodged an oral ejahar to the O/C, Khowai PS that on 15.04.2009 at about 10 p.m. the accused-appellant, her son in law, came to her house and informed that his wife Rajulaxmi Jhara expired and requested her to come at his house. Immediately, thereafter, the informant, PW2 rushed to the house of the accused and found the dead body of her daughter Rajulaxmi lying on the floor with bleeding injuries on her mouth and head. Subsequently, the informant came to learn from the neighbours that on the previous night there was a quarrel between the accused Abhimanya Jhara and his wife Rajulaxmi. Then the accused under the influence of liquor brutally caused hurt on her head by two pieces of firewood at their courtyard and due to such hurt Rajulaxmi died on the spot.

4. The oral ejahar was reduced into writing by one Gouranga Ch. Deb, I/C O/C of Khowai P.S. and accordingly on 16.04.2009 Khowai P.S. Case No. 37/2009 under Section 302 IPC was registered and SubInspector Sunil Kr. Das was directed to investigate the case. After investigation, charge sheet was filed against the accused Abhimanya under Section 302 IPC. Cognizance of the offence was taken by the learned SDJM, Khowai, West Tripura under Section 302 IPC and the case was committed to the Court of learned Addl. Sessions Judge, Khowai, West Tripura as it was a case of Sessions Trial.

5. The learned Addl. Sessions Judge after hearing both the parties and on perusal of the police report framed the charge, which reads as follows:

“That, you on 15.4.09 at about 8.30 p.m. at your house at Ratanpur Jumia Colony under Khowai Police Station, did commit murder by intentionally causing the death of your wife Smt. Rajulaxmi Jhara and that you thereby committed an offence punishable under Section 302 of the Indian Penal Code and within the cognizance of this court.

And I hereby direct that you be tried on the said charge.”

6. The accused-appellant pleaded not guilty to the charge and claimed to be tried and the defence case was of total denial.

7. To establish the case of the prosecution, it has examined as many as eight witnesses and also exhibited some documents, which were marked as Exhibit1 to 5 and also exhibited two pieces of firewood seized by the IO as weapon of offence as ExhibitMO1 series as well as the wearing apparel of the deceased, namely old yellow petticoat, as Exhibit MO2 series.

8. The defence adduced no evidence except cross examining the prosecution witnesses. On completion of the evidence of the witnesses the accused-appellant was examined under Section 313 CrPC when he denied all the incriminating evidences as alleged against him. Considering the materials on record and after hearing the learned counsel for the parties, learned Addl. Sessions Judge recorded the conviction and sentence, as stated supra. Being aggrieved and dissatisfied with the impugned judgment and order the accused-appellant preferred the instant appeal.

9. Mr. Roy, learned counsel for the appellant has taken us to the FIR as well as the evidence of PW 2, Smt. Raimani Jhara who was declared hostile by the prosecution and would contend that though she stated in the FIR that there were black spots all over the body of her daughter and bleeding injuries could be seen on her face and head but in her statement before the Court she specifically stated that she did not notice any ma