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