Samir Das v. State of Tripura - 1999 Supreme(Online)(Gau) 1

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1999 Supreme(Online)(Gau) 1

GAUHATI HIGH COURT
A. B. Chakraborty, J
Samir Das v. State of Tripura

Advocates:
For the Appellant: Mr. P. C. Das
For the Respondent: Mr. S. Das

Table of Content
1. appeal against conviction for culpable homicide. (Para 1 , 11)
2. challenges to evidentiary process and trial conduct. (Para 8 , 9 , 10 , 20)
3. court's evaluation of intent and medical evidence. (Para 14 , 18 , 22)
4. modification of conviction based on intent and evidence. (Para 21 , 23)
5. final conclusion and order for release. (Para 24 , 25)

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.

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1999 Supreme(Online)(Gau) 1

GAUHATI HIGH COURTA. B. Chakraborty, JSamir Das v. State of Tripura

GAUHATI HIGH COURT
A. B. Chakraborty, J
Samir Das v. State of Tripura