The prosecution failed to prove guilt beyond a reasonable doubt, highlighting the essential legal principle that mere suspicion cannot sustain a conviction.

JUDGMENT

T. Amarnath Goud, J. - Heard Mr. B. Deb, learned counsel appearing for the appellant and Mr. R. Datta, learned Public Prosecutor appearing for the State of Tripura-respondent.

2. This criminal appeal under Section-374(2) of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence dated 16.11.2019, passed by the learned Sessions Judge, South Tripura, Belonia, in Case No. S.T.(T-1) 01 of 2017, whereby and whereunder, the appellant has been convicted and sentenced to undergo imprisonment for life for committing offence under Section-302 of IPC and to pay a fine of Rs. 10,000/- [ten thousand] with default stipulations.

3. The prosecution story, in brief, is that one Dipak Baidya (PW-9) lodged an oral ejahar in the late night of 06.11.2015 which was read over to him and reduced into writing to the affect that at about 25 years ago the victim, sister of the informant namely, Kalpana Baidya Das got socially married to the accused Paresh Das. Since last 3/4 years, accused Paresh Das used to torture Kalpana (the deceased herein) both physically and mentally due to some trifling issues. The accused is a BSF person. On and also 30.10.2015 the accused-appellant returned to his house at Ballamukha and from then, he again started torturing upon his wife, the deceased herein both physically and mentally and also avoided her. On 06.11.2015, at night about 2.00am the accused appellant got up from his bed and stepped out from his room and also called his wife Kalpana who was sleeping in a separate room with her daughter Ishita. Accordingly, the deceased opened the door and then the accused appellant tied her neck by a skipping rope of Ishita with a view to kill her. Hearing the struggling sound of Kalpana her daughter Ishita woke up from sleep and rushed to the spot and tried to save her mother but, the accused appellant beaten them with a wooden plank. Finding no other alternatives Ishita started shouting and hearing her shouting, other family members came forward and arranged to restrain the accused appellant from more violence and also shifted Kalpana to Belonia hospital by an auto rickshaw but, after reaching to the hospital, the attending doctor declared her brought dead.

4. On the basis of aforesaid complaint, Belonia P.S. registered a specific case vide Belonia P.S. Case No. 2015/BLN/145 under Sections-325/302 of IPC and after completion of investigation charge sheet was filed against Paresh Das, the accused-appellant under Sections-302/323 of IPC.

5. After submission of charge-sheet, cognizance of offence was taken, accused copy was supplied and thereafter case was committed to the Court of learned Sessions Judge as the case was exclusively triable by the learned Court of Sessions Judge, South Tripura, Belonia.

6. The learned trial Court in course of trial framed charge under Section-302 of IPC against the accused appellant and the contents of the charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried.

7. During trial, prosecution has examined as many as 14 witnesses and also exhibited some documents Exbt. 1 to 12/2, to prove the charge against the accused-appellant. On closure of prosecution evidence, the appellant was examined under Section-313(1)(b) of Cr.P.C. to which he strongly denied the incriminating materials brought against him by the prosecution and no defence witness was adduced by the accused-appellant.

8. After hearing both sides and considering the material objects and circumstances, the learned Court below has delivered the judgment and order of con