The court confirmed that minor discrepancies in witness testimonies do not undermine the evidential basis for conviction if core facts are established beyond reasonable doubt.

JUDGMENT

T. Amarnath Goud, J. - Heard Mr. H. K. Bhowmik, learned counsel appearing for the convict-appellant. Also heard Mr. R. Datta, learned Public Prosecutor, appearing for the respondent-State.

2. Challenge here is the judgment and order of conviction and sentence dated 07.01.2020, passed by the learned Sessions Judge, Khowai, Tripura in Case No. S.T. (T-1) 17 of 2018, whereby and whereunder the appellant was convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- (Rupees ten thousand) only, with default stipulations for the offence punishable under Section-302 of IPC. This is a case where son killed father and mother being the eye witness deposed against the son and accordingly, he is convicted.

3. The fact of the case, in a nutshell, is that on the basis of a written complaint lodged by the informant namely Smt Radhashri Hrangkhal (the wife of the deceased) stating inter-alia that on 28.09.2017 at about 2000 hours when she came to her house from the nearby market, at that time, she found that the door of their dwelling hut was closed and accordingly, she came forward and found her younger son namely, Augustine Hrangkhawl was beating upon her husband namely, Peter Hrangkhal by one wooden piece (guava tree) and as a result, her husband was lying on the floor and on seeing this the complainant started shouting but, the accused threatened her with dire consequences and accordingly, she came out from her house and informed the matter to her neighbors and after return back she found her husband was dead and kept outside the hut. On the next day morning i.e. on 29.09.2017 the local people of their village came to her house and detained the accused.

4. On the basis of the complaint as stated above, the police of Teliamura P.S. has registered a case bearing registration No. Teliamura P.S. Case No.2017/TLM/0070 dated 29.09.2017 under Section-302 of IPC and the same was endorsed to S.I. Suman Ulla Kazi (PW-10) for investigation and subsequently, it was re-endorsed to SI Sri Raju Bhowmik (PW-11), who after completion of investigation, laid charge-sheet vide No.35 of 2018 dated 31.05.2018 under Sections-302/506 of IPC against the convict-appellant.

5. Thereafter, the learned Sub-Divisional Judicial Magistrate, Khowai, after taking cognizance of offence under Section 302 /506 of IPC transferred the case record to the court of Ld. J.M 1st class, Court No.2, Khowai, Tripura and Ld. J.M 1st Class, Khowai, Court No.2 complied the provision of Section-209, Cr.P.C committed the case to session's court as the case is exclusively triable by the Court of Sessions, Khowai, Tripura after furnishing copies to the accused as required under Section-207 Cr.P.C. On receipt of the case record by this Court, on 25.07.2018, the learned Court framed charge under Sections-302/506 of IPC against the convict-appellant, namely, Augustine Hrangkhawl explaining the contents of charge to him translating the same in Bengali to which he pleaded not guilty and claimed to be tried.

6. In order to bring home the charge against the present appellant, the prosecution has examined as many as 12 witnesses and they were duly cross-examined by the defence. Apart from examination of above mentioned witnesses from the side of prosecution, they also relied and exhibited some documents up to Exhibit-1 to Exhibit-11/12 and also Exhibit-M.O. 01 to M.O.4. After closing of the evidence of the prosecution side, the appellant herein was examined under Section-313 (1) (b) of Cr. P.C., to which he denied all the incriminating materials in prosecution evidence and also declined to adduce evidence in defence.

7. Being aggrieved by and diss