Conviction for murder can be replaced with culpable homicide not amounting to murder if the act was committed without premeditation and under provocation.

1. The present appeal is directed against the judgment dated 6-9-2001 passed by the Sessions Judge, North Tripura, Kailashahar in case No. S.T. 3(NT / K) of 2000 wherein the appellant Amolok Singh was convicted under S.302, IPC and sentenced to suffer imprisonment for life and also to pay fine of Rs. 20,000/- (Rupees twenty thousand), in default, to suffer RI for two years. The learned Trial Court also passed order that the sentence will run concurrently.

2. We have heard Mr. P. K. Biswas, learned counsel for the appellant and Mr. D. Sarkar, learned PP, Tripura assisted by Mr. R. Debnath, learned counsel for the respondent.

3. The prosecution case, in short, is that:
From 21-4-1996 one platoon of C Coy, 93 Bn. CRPF was deployed to guard the election materials kept in the Strong Room of the SDO Office, Kailashahar, in which the appellant Amolok Singh as well as SI, Bahadur Singh were also members. On 30-4-1996 at about 2200 hrs to 2400 hrs Constable Rakesh Kumar (PW 1), Constable Rajmani Saikia (PW 2) and Constable, Ramjiban Ram were on guard duty of the aforesaid strong room, during check roll, conducted by one Sub Inspector, Bahadur Singh, the Platoon Commander, found the accused appellant, Amolok Singh, absent in the Guard Room of the SDO Office, who was on guard duty from 2000 to 2200 hrs. After about ten minutes, when some other CRPF personnel were standing in the process of dispersing, the said Amolok Singh, appellant returned and the Sub Inspector Bahadur Singh asked him why he was not present during the check roll. On hearing such query of said Bahadur Singh, the convict appellant, Amolok Singh, became furious and aggressive and went inside his room and took his SLR bearing Butt No. 250, Body No. 0205 and opened fire to the Platoon Commander, SI, Bahadur Singh. And as a result of the said fire, SI Bahadur Singh died on the spot. One bullet also hit one Nandji Yadav, Havildar, on his head, who was on patrolling duty in front of the strong room complex and he also died. Thereafter, the platoon personnel disarmed the said Amolok Singh, appellant. The said incident was informed to the Officer incharge, Kailashahar, P.S. at about 11 p.m. of that night.

4. Narrating the aforesaid facts, a FIR was also lodged with the Kailashahar, P.S. by one S.D. Sharma, O.C.C. Coy, 93 Bn. CRPF, Kailashahar on 1-5-1996. The said FIR was registered being Kailashahar P.S. Case No. 75 of 1996 under S.302, IPC.

5. On receipt of the FIR Police started investigation and on completion of investigation, submitted chargesheet against the convict appellant for committing offence under S.302, IPC for killing S.I. Bahadur Singh and Havildar Constable, Nandji Yadav.

6. On receipt of the chargesheet the learned Chief Judicial Magistrate, North Tripura, Kailashahar took cognizance of the offence and committed the case to the Court of learned Sessions Judge, North Tripura, Kailashahar for trial. The learned Sessions Judge accordingly framed charge against the convict / appellant under S.302, IPC for an offence of culpable homicide amounting to murder, of SI Bahadur Singh and Havildar Constable, Nandji Yadav of C Coy 93 Bn CRPF by firing shots from SLR bearing Butt No. 250 and Body No. 0205 to which the convict appellant pleaded not guilty and claimed to be tried.

7. During the course of trial, the prosecution examined as many as 11 (eleven) witnesses including the Com