The court clarified the applicability of Exception 4 of Section 300 IPC, emphasizing circumstances of provocation in determining culpability.

JUDGMENT (ORAL)

T. Amarnath Goud, J. - Heard Ms. V. Poddar, learned counsel appearing for the appellant as well as Mr. S. Debnath, learned Addl. PP appearing for the state-respondent.

2. This is an appeal under Section 374 of the Cr.P.C, 1973 against the judgment and order of conviction and sentence dated 08.09.2022 & 12.09.2022 respectively passed by the Ld. Addl. Session's Judge, Gomati Judicial District, Udaipur in connection with Case No. S.T (T-I) 04 of 2019 against the instant accused person and thereby sentenced him to undergo rigorous imprisonment for life with fine of Rs.10,000/- under Section 302 of the IPC in default.to pay the fine shall undergo further rigorous imprisonment for six.(6) months only for the commission of the offence under Section 302 IPC.

3. The prosecution story as unfolded is that on 10.04.2018 an ejahar was lodged by one Shri Litan Das, S/O Shri Nitai Das Baishnab of Kishoreganj, PS: Kakraban, District: Gomati, Tripura stating inter alia to the facts that about 10 years back his younger sister namely Adari Das Baishnab was married to accused Badal Baishnab, S/O - Gopi Ballab Baishnab of Garjanmura as per Hindu rites & customs. After marriage the sister of informant led her conjugal life peacefully and begotten one daughter namely Miss Anindita Das aged about 8 years and one son namely Master Dweep Das aged about 3 years. Since one year back from the date of lodging the ejahar the accused Badal Baishnab started a bicycle and motor cycle repairing shop at Shilghati bazaar and there he developed an illicit relation with one neighbouring woman namely Smt. Sangita Das Majumder. After that accused started harassing both in mentally and physically and assaulting upon the sister of informant. The matter was informed by the sister of informant to her parents and other relative but harassment upon her continued. Lastly on 09.04.2018 during night time accused Badal Baishnab on being abetted by said Sangita Das Baishnab killed the sister of informant namely Adari Das Baishnab by strangulation. On that night at around 3.00 am one Kajal Das Baishnab informed the informant and other family members of deceased over phone that the sister of informant has died. Then informant and others rushed to the matrimonial house of deceased and found her dead on bed.

4. The SI of Police namely Ranjit Kr. Datta received the ejahar on 10.04.2018 at around 1220 hours and self took up its investigation pending formal registration of case number as the offence designed was cognizable in nature. The O/C of Kakraban PS, Gomati District subsequently on that date at around 14.05 hours registered a formal case vide Kakraban PS Case No. 2018KKB054 under Sections 498A/120B/302 of IPC and directed the SI of police namely Ranjit Kumar Dutta to complete the investigation.

5. During investigation the IO visited the place of occurrence, prepared hand sketch map with index, examined the available witnesses by recording their statements under Section 161 of Cr.P.C., prepared inquest report over the dead body of deceased Adari Das Baishnab, arranged for PM examination of the dead body of deceased and seized saree, blouse, tulsi mala, bangles, plastic jars containing viscera of deceased. On 10.04.2018 accused Badal Baishnab was arrested and forwarded to the court on the next date but before forwarding to the Court the IO has recorded the declaratory statement of accused Badal Baishnab in presence of one Executive Magistrate and other independent witnesses. The second IO collected the Toxicology report from the SFSL and Histopathology report of deceased, seized one DVD-R in compact disc by preparing seizure memo containing disclosure statement of accused Badal Baishnab with one certificate as per section 65(B) of the EVIDENCE ACT from one Pran