The conviction of a defendant can be upheld based on circumstantial evidence and eyewitness testimony, even with minor discrepancies.

1. This appeal arises out of the judgment and order of conviction and sentence dated 22.08.2017, passed by the learned Additional Sessions Judge, Court No.2, West Tripura, Agartala in Case No. ST (T - 1) 85 of 2016 whereby and whereunder the appellant had been sentenced to suffer rigorous imprisonment for a period of 5(five) years along with fine of Rs.10,000/- with default stipulation.

3. Heard Mr. M.K. Roy, learned counsel appearing for the appellant as well as Mr. R. Datta, learned Public Prosecutor appearing for the State - respondent.

4. As projected by the learned court below, the prosecution case may be reproduced hereunder:
"The factual backdrop of the case in a nut shell is that on 19.01.2016 at about 1955 hours the informant Smti. Ratna Debbarma, W/O. Late Buddha Debbarma, Village and Post Office - Guliraibari under Bishramganj Police Station, District - Sepahijala Tripura, lodged a written Ejahar with the Officer - InCharge, Bishramganj Police Station alleging that on 17.01.2016 in the mid - night, her husband visited the house of the accused Jyotish Debbarma to attend an invitation to enjoy "Makar Sangkranti". Jyotish Debbarma (herein after called the accused) is the elder brother of Buddha Debbarma (herein after called the deceased), the deceased husband of the informant. On the fateful night at about 0030 hours, while the deceased was returning home from the house of the accused, suddenly a hot altercation took place in between the accused and the deceased and the accused attacked the deceased with a lathi and struck severe blows over his head and other parts of his body. As a result, the said Buddha Debbarma sustained severe bleeding injury on his head and other parts and as a result of such injury the deceased fell down on the courtyard of the accused and became unconscious. Upon hearing the hue and cry, the complainant rushed to the spot and found her husband lying in the courtyard of the accused with a bleeding injury over his head and other parts of his body. The complainant along with her mother and other relatives shifted the deceased immediately to Bishalgarh Hospital at about 0200 hours and on the next day morning he was referred to AGMC and GBP Hospital and during treatment on 19.01.2016 at about 0707 hours Budha Debbarma succumbed to injuries at AGMC and GBP hospital. The informant specifically alleged that the accused Jyotish Debbarma murdered her husband. "

5. On the basis of the aforesaid complaint, the Officer - in - Charge of Bishramganj P.S. had registered a case as Bishramganj P.S. Case No.03/2016 under S.302 of IPC against the accused - appellant Jyotish Debbarma. Investigation was carried out. During the course of investigation inquest over the dead body of the deceased was prepared. The investigating officer had recorded the statements of available witnesses under S.161 of Cr.P.C., seized the weapon of offence, prepared the hand sketch map of the scene of the occurrence. After being satisfied with the process of investigation, the investigating officer had submitted charge - sheet before the Court under S.302 of IPC.

6. After receipt of the copy of the charge - sheet, learned Sub-Divisional Judicial Magistrate, Bishalgarh, WestTripura, being prima facie satisfied with the materials brought on record, took cognizance of the offence punishable under S.302 of IPC and committed the case to the Court of learned Sessions Judge, West Tripura, Agartala since it was triable by the Court of Sessions.

7. Having received the records, the case was transferred to the court of learned Additional Sessions Judge, Cou