JUDGEMENT
T.AMARNATH GOUD,J. -
(1.)This is an appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the Judgment and Order of conviction and sentence dtd. 5/7/2019 passed by the learned Sessions Judge, Khowai Tripura in connection with Case No. S.T. No. (T. 1)07 of 2018 convicting the accused-appellant under Sec. 376 of IPC to suffer rigorous imprisonment of 10 years and to pay a fine of Rs.50,00.00 and with default stipulation and under Sec. 302 of IPC to suffer rigorous imprisonment for life and also to pay a fine of Rs.10,000.00 with default stipulation.
(2.)The brief facts are that Shri Taradhan Debbarma (father of the deceased), the informant herein lodged an oral complaint to the O.C. Champahour P.S. stating inter alia that on 14/1/2018, at about 14.30 hours (2.30 pm) his daughter who was suffering from insanity left their house to fed cow and did not return home till evening. Accordingly, they have searched in all possible places but in vain. On the next morning i.e. on 15/1/2018 at about 06.30 hrs (6.30 am) one Kepengrai Debbarma have seen the dead body of the deceased (Malina Debbarma) of Utlabari in the rubber plantation of one Samir Debbarma in half-naked condition. Thus, the informant came to know and seen the dead body of the deceased-daughter.
(3.)Based on the said FIR/ejahar Champahour P.S. Case No. 2018 CPH 002 dtd. 15/1/2018 under Sec. 302 of IPC was registered and S.I. Samaresh Chakma took up the case for investigation. After completion of the investigation, he laid a charge-sheet vide No. 06/2018, dtd. 12/4/2018 under Sec. 341/376/302 of Indian Penal Code, 1860 against the accused-appellant, namely, Elash Kumar Debbarma.
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