The central legal point established in the judgment is the application of Exception 4 of Section 300 of IPC to determine the nature of the offense and the appropriate conviction.

ARINDAM LODH, J.

1. This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 directed against the judgment and order dated 15/02/2010 passed by the learned Sessions Judge, West Tripura, in case No. ST 150/2009.

2. Briefly stated, the facts are that one Kamalini Orang has lodged an ejahar to the Officer In-charge, Sidhai Police Station complaining inter alia, that one Dipali Chetri, aged about 18 years at about 2.30 O’clock entered into her room after washing the utensils and at that time one Sushil Debbarma went into her room and when Dipali Chetri shouted by saying “save me”, then she and her daughter came near to the room and saw the door of the room was closed. Sushil Debbarma with a dagger (knife) in his hand inside the room caught hold of Dipali and was asking Dipali to accompany him otherwise he would kill her and he would also die. At that moment, the complainant Kamalini and her daughter asked to open the door when Sushil Debbarma stated that this was a matter between him and Dipali and if they tried to enter into the room, he would kill them.

3. On hearing this word, out of fear kamalini and her daughter went to some distance away and started shouting. At that moment people from outside arrived at the spot and they together broke the door and went inside and saw severe injury on the body of Dipali and she was incapable of talking. At that time, Sushil was also lying by the side in the state of sustaining injury. The name of the father of Dipali is Lal Bahadur Chetri. The complainant has further stated that Sushil Debbarma used to reside by the side of the house of Lal Bahadur Chetri since long and he used to disturb the girl always. On the date of occurrence at about 2/3 O’clock noon, he tried to take the girl forcibly and as she did not consent, said Sushil killed her and inflicted injury to his own body.

4. The written complaint of Kamalini Orang was marked as Exbt.-6. On the basis of the said complaint the Officer In-charge of Sidhai Police Station registered a case bearing No. 05/2009 dated 15/01/2009 under Section 448/302 of the IPC. The people gathered at the place of occurrence handed over Sushil to BSF Jawans, who handed over him to police personnel arrived at P.O. after a while. Sushil Debbarma was admitted to hospital by police who was on police protection during his admission period in hospital. Just after his recovery he was arrested.

5. During the course of investigation SI Sri Rakhal Mitra examined the witnesses and recorded their statements, arranged post mortem examination of the dead body of Dipali Chetri and on completion of investigation submitted charge-sheet against accused Sushil Debbarma under Section 448/302 IPC.

6. The learned Sessions Judge has framed the charge as under:-

“I, G. Debnath, Sessions Judge, West Tripura, Agartala, do hereby charge you-

Shri Sushil Debbarma

as follows:-

That, you on 15.01.2009, at about 14.30 hours at Rangamura, in the house of Lalbahahadur Chetri, under Sidhai P.S. committed murder by intentionally or knowingly causing the death of Depali Chetri, D/O. Shri Lalbahadur Chetri of Rangamura, Katlamara, Sidhai and thereby committed an offence punishable under Section 302 of IPC and within my congnizance.

And I hereby direct that you be tried by this Court of Sessions on the said charge.”

7. The prosecution relied upon as many as 19 witnesses to substantiate the charge framed against Sushil Debbarma. After closure of the prosecution evidence, the accused person was examined as under Section 313 (1)(b) Cr.P.C. Accordingly, the learned Court below had recorded the answers given by the accused person.

8. PW1, Kamalini Orang and PW5, Smt. Alomani Orang (mother and daughter respectively), are the persons who were working near the house of Dipali and met Sushil and on query Sushil had disclosed that he was wondering purposelessly at around 2.30/3 p.m. Both of them had noticed that Dipali after washing her utensils entered into her room when all on a