S. Talapatra, J.

This is an appeal by the convict, the appellant hereinafter, under Section 374(2) of the Cr.P.C. against the judgment dated 14.07.2014 delivered in Sessions Trial No.164 of 2013 by the Addl. Sessions Judge, No.4, West Tripura, Agartala. By the said judgment dated 14.07.2014, the appellant has been convicted under Section 302 read with Sections 120B and 109 of the I.P.C. The appellant has been further convicted by the same judgment under Sections 120B/109 read with Section 109 of the I.P.C, under Section 302 read with Sections 111 and 113 of the I.P.C and under Section 201 of the I.P.C. As consequence of the said judgment, by the order dated 17.07.2014, the appellant has been sentenced to suffer imprisonment for life, meaning the whole natural life i.e. till his death, for committing the offence punishable under Section 302 read with Sections 120B and 109 of the I.P.C. with fine of Rs.50,000/(Rupees Fifty thousand). The appellant has been further sentenced to suffer rigorous imprisonment for a period of 3(three) years for commission of the offence punishable under Sections 120B, 109 read with Section 34 of the I.P.C. and to pay fine of Rs.5,000/(Rupees Five thousand). He has been further sentenced to suffer imprisonment for life for committing the offence punishable under Section 302 read with Sections 111 and 113 of the I.P.C. with fine of Rs.10,000/(Rupees ten thousand). The appellant has been sentenced to suffer rigorous imprisonment for 2(two) years for committing the offence punishable under Section 201 of the I.P.C. with fine of Rs.5,000/(Rupees five thousand). It has been directed that the sentences shall run concurrently and the fine if not realized that shall be leviable in terms of Section 70 of the

I.P.C.

2. Genesis of the prosecution against the appellant is rooted in the ejahar filed by Smt. Niyati Deb (Ghosh), PW40 on 19.05.2013 disclosing that on 19.05.2013 when her daughter Papiya Ghosh (PW1) was inside their room, she heard some sounds fromthe upstairs of their room. Her daughter also told her that some sounds were coming fromthe upstairs of their room where the office of Ranjit Choudhury was situated. Reacting to that, she came out fromher roomand went to the ground floor of Ganadoot Office and found that ‘one youth (aged around 2526 years wearing jeans and green coloured ganjee had been stabbing Sujit Bhattacharjee, Proof Reader with the help of a dagger by way of felling him down on the floor inside the office, seeing this I had called my husband, Balaram Ghosh raising alarm then at first daughter, namely, Papiya came out from our room and seeing the incident she started crying. In the meantime the accused have been stabbing Sujit with the help of a dagger. My husband came out from the room and seeing this incident cried out and proceeded to resist. Then the said miscreants had stabbed my husband and my husband fell down on the floor. Just at that time (I) found another miscreant was coming to the ground floor through the stair cases from the office room of Ranjit Choudhury on the upstairs. I found a wire in his hand. His age was also around 2526 years. They i.e. 2 (two) miscreants had fled away after killing two persons on the ground floor with the help of the dagger and killing another named Ranjit Choudhury, Manager in the upstairs which I found after going over there. On getting an information of the said incident, the police personnel came to the place of the occurrence and sent these 3(three) severely injured persons to the hospital and a few minutes later (I) came to learn that my husband and other 2(two) injured persons had succumbed to the stab injuries caused by this miscreants.’ (As translated by the translation department of this Court fromher statement as recorded by the police officer at the place of occurrence, Exbt.19)

3. Based on the said ejahar, which was received at 17.15 hours of 19.05.2013, West Agartala Police Station Case No.148 of 2013 was registered and tak