The court modified the conviction from murder to culpable homicide not amounting to murder due to insufficient proof of intent, emphasizing adherence to evidentiary procedures.

1.This appeal is directed against the judgment and order dated 5-12-1995 passed by the learned Sessions Judge, South Tripura, Udaipur in Sessions Trial No. 54 (S.T. / U) of 1995 whereby learned Sessions Judge convicted the present appellant for commission of the offence under S. 304, Part II of I.P.C. and sentenced him thereunder to suffer 5 (five) years rigorous imprisonment and also to pay a fine of Rs. 10,000/- in default of which he is to suffer a further period of 2 (two) years rigorous imprisonment.

2. I have heard Mr. P. C. Das, the learned counsel appearing on behalf of the appellant and Mr. S. Das, learned Public Prosecutor appearing on behalf of the respondent.

3. Shorn of details, the prosecution case is as follows : -
On 6-7-1993 informant Shri. Shyamal Das (P.W. 15) submitted a written ejahar to O.C., R. K. Pur P. S. alleging, inter alia, that on 5-7-1993 at about 6.30 p.m. his father was assaulted by the appellant Samir Das with some lathi and as a consequence of that violent beating his father died on 5-7-1993 at about 2.30 O'clock in the night. It was also alleged that there was some dispute between the deceased and the appellant centering an incident which took place in respect of grazing of paddy by goats in a paddy field.

4. On receipt of this written complaint O.C., R. K. Pur P.S. filed up the prescribed form of F.I.R. and registered a case being R. K. Pur P.S. Case No. 6(7) / 93 u/S. 302 read with S. 34 of I.P.C. O.C. Sri Dipangshu Ranjan Majumder (P.W. 17) himself took up investigation of the case and in course of his investigation he visited the place of occurrence, prepared hand sketch map with separate index, visited Tripura Sundari Hospital where the deceased was already removed and he also got the inquest report prepared by A.S.I. Nani Gopal Dey. During his investigation O.C., Shri Majumder recorded the statements of the witnesses under S. 161 of Cr. P.C. and after obtaining post - mortem examination report submitted charge - sheet for prosecution of the appellant under S. 302 of I.P.C.

5. The appellant who surrendered before the learned Chief Judicial Magistrate, South Tripura, Udaipur was remanded to judicial custody and thereafter the learned Chief Judicial Magistrate committed the case to the Court of learned Sessions Judge, South Tripura, Udaipur. Accordingly learned Sessions Judge, after perusal of the records, framed a charge under S. 302 of I.P.C. against the appellant for having committed the offence of murder by killing Amulya Das in Jamjuri Market in between the night of 5-7-1993 and 6-7-1993 at about 6.30 p.m.

6. In order to bring home the charge the prosecution examined 18 witnesses in all and also took the aid of documentary evidence, namely, seizure list, inquest report, hand sketch map, post - mortem examination report etc. The accused led no evidence in support of his defence. However, his defence as would appear from the trend of cross - examination as well as the statements he gave at the time of his examination under S. 313 of Cr. P.C. is that a false case was foisted against him out of previous enmity.

7. Learned Sessions Judge, after appreciation of the evidence, particularly the evidence of P.W. 2 made the finding that the accused committed the offence under S. 304, Part II of I.P.C. and accordingly he convicted the appellant and awarded the sentences as already mentioned above.

8. Mr. P. C. Das, the learned counsel appearing on behalf of the appellant has urged 5 contentions, namely, (1) learned Sessions Judge failed to make a proper charge; (2) failure on the part of the learned Sessions Judge to record the evidence in accorda