The prosecution's burden is to establish guilt beyond reasonable doubt, with eyewitness testimony being critical, and discrepancies in procedural reports do not invalidate a solid case.

JUDGMENT

T. Amarnath Goud, J. - Heard Mr. B. Deb, learned legal aid counsel assisted by Mr. A. Acharjee, learned counsel appearing for the convict-appellant. Also heard Mr. R. Datta, learned Public Prosecutor appearing for the State of Tripura-respondent.

2. This criminal appeal has been filed under Section-374 of Cr.P.C. against the impugned judgment and order of conviction and sentence dated 18.04.2015 passed by the learned Addl. Sessions Judge, Agartala, West Tripura Judicial District in connection with Case No. ST. 182 of 2013 whereby and whereunder, the appellant has been convicted under Section-302 of IPC and thereby sentenced to suffer RI for life under Section-302 of IPC and he is also sentenced to pay a fine of Rs. 5,000/- for the same offence with default stipulation.

3. The prosecution story, in brief, is that the deceased Chandi Das (Sarkar) was the wife of convict-appellant, namely, Uttam Sarkar. The marriage of Chandi was solemnized about 13 years back with the appellant. But about two and half years before the occurrence she came back from her matrimonial house due to continuous torture by her husband and started living at her father's house. In this regard a criminal case was lodged by Chandi at P.S. which was pending for trial. On 14.01.2007 at about 4.30 am she was murdered in the house of her father Nani Gopal Das (PW-1).

4. On 13.01.2007, at night on the eve of Poush Sankranti a picnic was organized in the house of the informant Sri Nani Gopal Das (PW-1). In the said picnic besides the family members of the informant, his tenant Dipti Malakar (PW-3) was also participated. After completion of the picnic at about 4.00 pm his two daughters namely, Laxmi Das (PW-2) and Chandi Das (deceased herein) along with tenant Dipti Malakar started grinding of rice in the kitchen of said Dipti Malakar. At about 4.30 am Dipti Malakar and Laxmi Das went out from the kitchen for natures call. At that time, they heard cry (Mago Mago) of Chandi Das. On hearing her cry Laxmi rushed to the kitchen and saw that the appellant, the husband of Chandi to chop her with a dao. The appellant tried to assault Laxmi Das on seeing her at place of occurrence. But ran away and called her father who on wakening up came to the place of occurrence and saw their daughter Chandi was lying nearby oven with bleeding injuries on her head and neck. Informant brought her injured daughter on the courtyard but found her succumbed to injuries. Smt. Ila Deb (PW-9) at 6.10 received telephonic information from an unknown person for police help due to murder of a married woman in the house of Nani Gopal Das at Barjala. Entering the information in the GD Book she went to the house of said Nani Gopal Das (PW-1) to verify the information and received the complaint from Nani Gopal Das which was sent by her to the P.S. for registration.

5. On receipt of the complaint, the OC, Agartala Women Police Station registered Agartala Women P.S. Case No. 08 of 2007 under Section-302 of IPC against the convict appellant. Smt. Ila Deb (PW-9) being the O.C. of Agartala Women P.S., she took up the investigation of the case. During investigation, she prepared hand sketch map of the P.O. with separate index, prepared inquest report over the dead body of the deceased. Investigated available witnesses and recorded their statements under Section-161 of Cr.P.C. Arranged postmortem examination of the dead body, seized some materials namely, blood stained bowl, grained rice and green coloured sieve, blood stained gunny bag a woolen wrapper partially burnt from the place of occurrence by preparing seizure list Exbt. 9. PW-9 also seized wearing apparels