GAUHATI HIGH COURT
Arindam Lodh, J
Benu Namasudra – Appellant
Versus
State of Tripura – Respondent
1. By judgment and order, dated 21-3-2002, passed in Sessions Case No. S. T. 9 (NT / KMP) 2001, by the learned Additional Sessions Judge, Kamalpur, North Tripura, the accused - appellant stands convicted under S.302 read with S.34, I. P. C. and sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment fora period of two years.
2. Prosecution's case may, in brief, be described thus :
(i) Deceased Rabindra Namasudra was the younger brother of Subodh Namasudra (PW 2). On 20-11-1999, at about 9/10 p.m., Niranjan Namasudra (since absconder), accompanied by the accused - appellant, Benu Namasudra, came to the house of Rabindra Namsudra and, calling him to the house of Subodh (PW 2), they took him to the house of Subodh (PW 2). Reaching the house of Subodh (PW 2), Rabindra (since deceased), accused - appellant, Benu, and Niranjan (since absconder), entered into the room of Subodh and started gossiping there. While they were so gossiping inside the hut, Jagadish (PW 3), who was passing through the road by the side of Subodh's house, entered into Subodh's house, on being called by Subodh (PW 2), and asked him as to who
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