SUBRATA MAJUMDER Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-4-64
HIGH COURT TRIPURA
Decided on
April 24,2019
Subrata Majumder
Appellant
VERSUS
STATE OF TRIPURA
Respondents
Referred Judgements :-
STATE OF ANDHRA PRADESH V. RAJ GOPAL ASAWA AND ANR. [REFERRED TO]YOGESH SINGH V. MAHABEER SINGH & ORS. [REFERRED TO]
RAGHAV PRAPANNA TRIPATHI VS. STATE OF UTTAR PRADESH [REFERRED TO]
SHARAD BIRDHICHAND SARDA VS. STATE OF MAHARASHTRA [REFERRED TO]
PADALA VEERAREDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
KUNDULA BALA SUBRAHMANYAM VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF WEST BENGAL VS. ORILALJAISWAL [REFERRED TO]
KANS RAJ VS. STATE OF PUNJAB [REFERRED TO]
INDERPAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
KALIYAPERUMAL VS. STATE OF TAMIL NADU [REFERRED TO]
HANS RAJ VS. STATE OF HARYANA [REFERRED TO]
APPASAHEB VS. STATE OF MAHARASHTRA [REFERRED TO]
RAJBABU VS. STATE OF M P [REFERRED TO]
AFTAB AHMAD ANASARI VS. STATE OF UTTARANCHAL [REFERRED TO]
ASHOK KUMAR VS. STATE OF HARYANA [REFERRED TO]
BACHNI DEVI VS. STATE OF HARYANA [REFERRED TO]
NEEL KUMAR ALIAS ANIL KUMAR VS. STATE OF HARYANA [REFERRED TO]
MUNNA KUMAR UPADHYAYA ALIAS MUNNA UPADHYAYA VS. STATE OF ANDHRA [REFERRED TO]
PATHAN HUSSAIN BASHA VS. STATE OF A P [REFERRED TO]
VIPIN JAISWAL VS. STATE OF A.P [REFERRED TO]
SURINDER SINGH VS. STATE OF HARYANA [REFERRED TO]
PHULA SINGH VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
BHIM SINGH VS. STATE OF UTTARAKHAND [REFERRED TO]
RAJINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]
MAJOR SINGH AND ORS. VS. STATE OF PUNJAB [REFERRED TO]
BAIJNATH & OTHERS VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE THROUGH CENTRAL BUREAU OF INVESTIGATION, SPECIAL CRIME BRANCH, MUMBAI VS. SANVLO NAIK [REFERRED TO]
CHANDRA BHAWAN SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
JAGJIT SINGH VS. STATE OF PUNJAB [REFERRED TO]
JUDGEMENT
Sanjay Karol; CJ. -
(1.)On 2/8/2009 Smt. Nandita Majumder (Paul), aged 27 years, died as a result of multiple organ failure arising out of burn injuries (98%). In relation to the said crime, FIR No. 147/2019 was registered at Police Station - Belonia, South Tripura and the accused namely, (1) Sri Subrata Majumder and (2) Smt. Basanti Majumder, were charged for having committed an offence punishable under Ss. 498-A and 304-B of Indian Penal Code (for short, 'IPC').
(2.)The trial Court, while fully acquitting accused Basanti Majumder, found the prosecution to have established its case, proving the guilt of accused Subrata Majumder, in relation to said charged offence and sentenced him to undergo rigorous imprisonment for a period of 7(seven) years for the offence punishable under Sec. 304-B IPC and rigorous imprisonment for a period of 1(one) year with fine of Rs.2,000.00 (rupees two thousand) and in default thereof to undergo simple imprisonment for 2(two) months for the offence punishable under Sec. 498-A IPC.
(3.)The State has not preferred any appeal assailing the judgment of acquittal of Smt. Basanti Majumder or the sentence awarded by the trial Court in the case of accused Subrata Majumder. The judgment of conviction and sentence, dtd. 14/8/2018, is subject matter of challenge by convict Subrata Majumder in this appeal.
(2.)The trial Court, while fully acquitting accused Basanti Majumder, found the prosecution to have established its case, proving the guilt of accused Subrata Majumder, in relation to said charged offence and sentenced him to undergo rigorous imprisonment for a period of 7(seven) years for the offence punishable under Sec. 304-B IPC and rigorous imprisonment for a period of 1(one) year with fine of Rs.2,000.00 (rupees two thousand) and in default thereof to undergo simple imprisonment for 2(two) months for the offence punishable under Sec. 498-A IPC.
(3.)The State has not preferred any appeal assailing the judgment of acquittal of Smt. Basanti Majumder or the sentence awarded by the trial Court in the case of accused Subrata Majumder. The judgment of conviction and sentence, dtd. 14/8/2018, is subject matter of challenge by convict Subrata Majumder in this appeal.
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