The court modified the conviction from murder under Section 302 to culpable homicide not amounting to murder under Section 304 Part II, establishing the accused's knowledge that his actions were likely to cause death, but lack of intent to kill.

JUDGMENT

T. Amarnath Goud, J. - This instant appeal has been filed under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 31.05.2019 passed by the learned Addl. Sessions Judge Sepahijala District, Bishalgarh, in case No. S.T.(T-1)08 of 2018 whereby and whereunder, the appellant has been convicted under Section 302 of IPC and thereby sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/- with default stipulation.

2. The facts in brief as surfaced in the plaint and relevant to the fact of the case are that Biralal Sarkar, the victim, and accused-appellant, Kalipada Roy are neighbours. On 23.06.17 in the night time, the accused appellant under the influence of liquor abused the victim and his family members using slang language. On 24.06.17 at around 6.30 a.m., the victim while taking tea went to the house of the accused appellant and asked him why he abused him and his family members using slang language. The accused-appellant on seeing the victim in his courtyard came out from his dwelling hut holding a 'dao' and the accused appellant started assaulting the victim with that 'dao'. On hearing hue and cry of the victim, the informant Motilal Sarkar, his son Mridul Sarkar, his wife Rekha Sarkar and Smt. Usha Sarkar, who is the wife of the victim rushed to the house of the accused appellant and saw the accused-appellant herein assaulting the victim with a 'dao'. The accused appellant on seeing the informant and others left that place holding that 'dao' in his hand. The victim sustained serious injuries due to that assault. He was immediately shifted to AGMC & GBP Hospital, Agartala where the Doctor on examination declared the victim dead on arrival.

3. Thereafter on the 23rd day of June 2017 at 09.06 hours, Sri Motilal Sarkar, who is the brother of the deceased lodged a written ejahar in Bishalgarh police station regarding the incident. A formal case was registered in the P.S. and S.I. Debabrata Biswas was endorsed to do the investigation. During the investigation, the I.O. visited the P.O. prepared a hand sketch map and separate index. He also recorded statements under Section 161 of C.r.P.C. On completion of the investigation, S.I. Debabrata Biswas of Bishalgarh police station submitted the charge sheet against the accused-appellant under Section 302 of IPC.

4. After receipt of the charge sheet, Ld. SDJM Bishalgarh, West Tripura took cognizance of the offence and transferred the record to the Court of Ld. Judicial Magistrate 1st Class, Bishalgarh, West Tripura who after observing all legal formalities committed the case to the court of Learned Sessions Judge, West Tripura, Agartala.

5. After the commitment of the case to the Court of Sessions, the Ld. Sessions Judge, West Tripura, Agartala transferred the case record to the Ld. Addl. Sessions Judge, Court No. 2, West Tripura, Agartala for its disposal in accordance with the law.

6. On 26.03.2018, Ld. Addl. Sessions Judge, West Tripura Agartala, (Court no. 2) after hearing the Ld. counsel of both the parties and after considering the material on record framed a formal charge against accused-appellant, Kalipada Roy for an offence punishable under Section 302 of the INDIAN PENAL CODE . The same was read over and explained to the accused to which he pleaded not guilty to the said charge and claimed to be tried.

7. During the trial, prosecution examined as many as 15(fifteen) witnesses which are as follows:-

(1) P.W.1, Sri Mridul Sarkar.

(2) P.W.2, Smt Gopa Choudhury.

(3) P.W.3, Hemalata Debbarma (WASI)

(4) P.W.4, Sri Motilal Sarkar.

(5) P.W.5, Smt Rekha Sarkar.

(6) P.W.6, Smt Usha Sarkar.

(7) P.W.7, Sri Partha K