AGARTALA, India, June 15 -- Tripura High Court issued the following order/judgement on May 14:
[1] Heard Mr. P.S. Roy, learned Legal Aid Counsel appearing for the appellant. Also heard Mr. Raju Datta, learned P.P. representing the State.
[2] This present appeal is filed under Section 374 (2) of the Code of Criminal procedure against the conviction on trial held by the learned Sessions Judge, Sepahijala District, Sonamura in case No. S.T. (Type-1) 38 of 2022 convicting the appellant under Section 307 of IPC. By the impugned order dated 14.02.2025 passed in case No. S.T (Type-1) 38 of 2022, the appellant has been sentenced under Section 307 of the Indian Penal Code to Suffer imprisonment for 5(five) years and also to pay a fine of Rs.5,000/- (five thousand) and in default to pay fine, to suffer further simple imprisonment for 5(five) months.
[3] The prosecution story in brief is that, on 13.04.2022 at about 1815 hours, the complainant brother namely Biswamohan Murasingh and his daughter went at Taibandal PHC for medical treatment and while the complainant brother and his daughter were in front of one attending medical officer and consulting with the doctor, at that time, FIR named accused person namely Rajkumar Murasing suddenly entered into the Taibandal PHC outdoor chamber with a dao in his hand and attacked the complainant brother by dao with an intention to kill him over the issue of previous enmity. Resulting which, the complainant brother has received a serious cut injury on his head and arm. The attending medical officer of Taibandal PHC gave the first aid to the victim immediately and referred him to Gomati District hospital for better treatment. On the basis of the above fact, a case was registered and on the basis of a written complain of the complainant, Melagarh Police Station registered a case vide case No.2022/MLG/028 dated 17.04.2022 under section 326/307 of I.P.C and endorsed the case to the Partha Deb, S.I. of police Melagarh Police station for investigation.
[4] The case was committed to the Court of learned Sessions Judge, Sepahijala Judicial District, Sonamura and the learned Session Judge, Sepahijala Judicial District, Sonamura framed charge under Section 326/307 of the Indian penal Code against the present convict appellant. The convict - appellant pleaded not guilty and hence trial commenced. The prosecution side examined as many as 8 (eight) witnesses but the convict appellant did not examine any defence witness and his case was denial of the allegation and the charges brought against him. The convict appellant was examined under Section 313 of the Code of Criminal Procedure, 1973 and he pleaded not guilty denying the charge brought against him.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2FYf1bnm7NpHHW1nGDp22hJuxQ3y0i1y6Qk5RJUsCYwH&caseno=Crl.A(J)/33/2025&cCode=1&cino=TRHC010005702025&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
