Citation : 2026 Latest Caselaw 962 Tri
Judgement Date : 24 February, 2026
HIGH COURT OF TRIPURA
AGARTALA
Crl. A. (J) No.7 of 2025
Sachi Ranjan Tripura,
S/o Matilal Tripura, resident of Chapaliaroazapara, PS- Dhumchhera,
District - Dhalai, Tripura.
......Appellant(s);
VERSUS
The State of Tripura
To be represented by the learned Public Prosecutor, the Hon'ble High
Court of Tripura, Agartala.
......Respondent(s);
For Appellant(s) : Mr. Samarjit Bhattacharjee, Legal Aid Counsel.
For Respondent(s) : Mr. Raju Datta, Public Prosecutor.
Date of hearing and delivery of
Judgment and Order : 24.02.2026.
Whether fit for reporting : NO.
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT AND ORDER (ORAL)
[Dr. T. Amarnath Goud, J]
This present appeal is filed under Section-374(2) of the Code
of Criminal Procedure, 1973, against the impugned judgment and order of
conviction and sentence dated 24.06.2015 passed by the learned Sessions
Judge, Unakoti Judicial District, Kailashahar in connection with Sessions
Trial 24(NT/K) of 2014, whereby and whereunder, the appellant has been
convicted for commission of offence punishable under Sections 457/302 of
the Indian Penal Code and sentenced to suffer RI for life for the
commission of offence punishable under Section 302 of IPC with fine of
Rs.5,000/- (rupees five thousand) with default stipulation as well as to suffer
RI for 1(one) year for the commission of offence punishable under Section
457 of IPC with fine of Rs.2,000/- (rupees two thousand) with default
stipulation. Both the sentences shall run concurrently.
[2] Facts leading to the present appeal are that, on 19.07.2013 in
the evening, while Matakanya Tripura along with her husband, Annalal
Tripura & their minor child were sleeping inside their living hut at
Chapalaiaroaza Para under Dhumachhera PS, the accused, Sachi Ranjan
Tripura, i.e. the appellant herein, entered into the living hut, and by a dao,
inflicted a few blows on the head and face of Annalal Tripura who was lying
on a cot. The accused Sachi Ranjan Tripura was identified by the light of a
kerosene lamp burning inside his living hut. Accused Sachi Ranjan Tripura
had a red clolour T-shirt and one half pant as his wearing apparels.
Matakanya, the wife of deceased Annalal, out of fear took shelter in the
house of Purnalata Tripura when the accused left the PO. These
statements of Matakanya Tripura were reduced into writing on the
intervening night of 19.07.2013 & 20.07.2013 at around 01:00 AM by
Inspector Surasen Tripura, who proceeded to the PO after receiving
information over telephone. This oral complaint of Matakanya Tripura,
reduced into writing by Inspr. Surasen Tripura was treated as FIR vide
Dhumachhera PS Case No. 03/2013 under Section 457/302 of IPC. As
such, criminal law was set into motion. Thereafter, the investigation was
started and after full-fledged investigation the I.O submitted charge sheet
against the accused, Sachi Ranjan Tripura for commission of offence
punishable under Section 457/302 of IPC
[3] After that, considering the materials on record charge under
Section-457/302 of IPC, was framed against the convicted appellant
namely, Sachi Ranjan Tripura, to which he pleaded not guilty and claimed
to be tried. In order to prove the charges framed against the convicted
appellant, the prosecution examined as many as 27(twenty seven)
witnesses and exhibited several other evidences in the form of documents
as well as material objects were also adduced by the prosecution starting
from Exbt.-1 to Exbt.-13/1 and after closure of the prosecution evidence,
the convict accused person was examined by the trial Court under Section
313(1)(b) of Cr.P.C. However, the accused denied to adduce evidence in
self-defence.
[4] Thereafter, upon hearing the arguments of both sides and after
perusal of the prosecution witnesses the learned Court below convicted the
appellant and thereby sentenced him to suffer as stated supra.
[5] Being aggrieved and dissatisfied with the conviction and
sentence passed by the learned Sessions Judge, Unakoti Judicial District,
Kailashahar, vide No. Sessions Trial 24 (NT/K) of 2014, the appellant
preferred this present appeal.
[6] Heard Mr. Samarjit Bhattachrjee, learned legal aid counsel
appearing for the appellant. Also heard Mr. Raju Datta, learned Public
Prosecutor appearing for the respondent-State.
[7] Learned legal aid counsel, Mr. Samarjit Bhattachrjee, submits
before this Court that the learned Sessions Judge failed to appreciate the
evidence judiciously and as a result thereof, there has been totally
misinterpretation and misreading of the evidence on record. The findings of
the learned trial Court to the effect that, the appellant has committed
offence punishable under Sections 457/302 of IPC is based on surmise and
conjecture and as such, it is liable to be interfered with. During argument,
Mr. Bhattacharjee, learned legal aid counsel submitted that the appellant is
in jail for about 13 years and moreover, he committed the offence out of
provocation and on that ground learned legal aid counsel has prayed before
this Court for conversion of conviction under Section 302 of IPC to Section
304 Part II of IPC. Learned legal aid counsel, Mr. Bhattacharjee, also
submits that there had been disputes between the deceased Annalal
Tripura and the accused Sachi Ranjan Tripura over the issue of some
properties for a long time and most often they used to take up quarrel.
[8] On the other hand, learned Public Prosecutor submits that
various injuries were discovered upon examining the deceased's body,
including a deep (chop) wound on the face beneath the forehead,
numerous cuts on the scalp, and multiple wounds on the orbit and central
region of the scalp. Learned Public Prosecutor further contends that there
was no sudden provocation because the accused Sachi Ranjan Tripura
entered the hut with a dao in his hand and randomly struck deceased
Annalal's head and face while he, his wife and their young child were lying
on a cot inside their living hut. Learned Public Prosecutor also submits that
the sentence passed by the Court below is just and proper and needs no
further interference, and as such, the appeal needs to be dismissed.
[9] Though there are evidences of many witnesses examined
during the trial of the case but this Court is considering only the evidences
of key witnesses for proper and effective adjudication of the case.
(i) PW12, Matakanya Tripura, wife of the deceased, deposed that
on 19.07.2013 while she along with her husband Annalal and two years old
minor child were lying on a cot inside their living hut at night, the elder
brother of her husband i.e. the accused Sachi Ranjan Tripura entered into
their hut with a dao in his hand and indiscriminately inflicted quite a few
blows on the head and face of deceased Annalal Tripura. At that time, a
kerosene lamp was buring inside the hut. Accused Sachi Ranjan had a red
colour T-shirt and one half pant as his wearing apparels. After that, out of
fear neither PW12 tried to resist Sachi Ranjan nor did she look at the
injuries sustained by her husband, Annalal. She only raised alarm after the
accused Sachi Ranjan left the PO and went to the house of Sudhuishya
Tripura, PW1 and informed the incident. By this time somebody informed
police and the police arrived in their house and immediate thereafter local
people also arrived in their house. She lodged oral information to police
officer in her house. The police officer reduced it into writing. Police shifted
the dead body to hospital. On the following afternoon the dead body was
again brought to her house from hospital. PW 12 also deposed that over
the issue of some properties, my husband and Sachi Ranjan were at logger
heads and repeated quarrels were also going on over the issue of some
properties.
Being confronted with cross-examination, PW12 deposed as
under:
"At the time of occurrence we were inside the living hut but did not take sleep. I did not state to the Magistrate that at the time of occurrence we had been sleeping. It is not a fact that my husband used to suspect my chastity. It is not a fact that our conjugal relationship was strained. It is not a fact that the dao that is the weapon of offence, is our family property. It is not a fact that I killed husband by this dao. Purnalata Tripura is my nearest neighbour. It is not a fact that I did not inform anything Purnalata, Sudeshya regarding the incident. It is not a fact that no lamp was burning inside my hut at that time. It is not a fact that Sachiranjan did not kill my husband. It is not a fact that I found Sachiranjan in the P.S. and as tutored by police I have identified his wearing apparels. It is not a fact that since I killed my husband I did not notice that injuries
sustained by my husband. It is not a fact that my husband had no enmity with Sachiranjan."
(ii) PW15, Dr. Soubhik Debbarma, being the Medical Officer,
Manu CHC, deposed that on 20.07.2013 one dead body of Annalal Tripura
was produced to him and it was identified by the other police personnel.
Then, he conducted P.M. examination on the same day and found one
deep (chop) wound on the face behind the forehead (two in numbers), as
well as multiple cuts and wounds on the scalp (five in numbers), central
area of the scalp and the orbit. Frontal area of few brain matters protruding.
He also deposed that the cause of death was due to homicidal injury
leading to Neurogenic and Hypovolumic shock.
During cross-examination he stated that the P.M. Examination
was done at 12:30 p.m, on 20.07.2013.
(iii) PW17, Sri Surasen Tripura, being the O.C. of Dhumcherra
P.S., deposed that on 19-7-13 at about 2305 hours on receipt of information
that one person was killed at Chapalila, he along with other police
personnel went to the spot and found a dead body of one male person lying
on a cot in the living hut of the deceased with bleeding injuries. There was
no other inmate. They called neighbouring people to help them. They
searched for wife of Annalal and found her available in the house of
Sudeshya Tripura. Matakanya, wife of the deceased gave statement to him
that she took sleep with her husband Annalal with her kid and one kerosine
lamp was lighting inside the hut. At that time accused Sachiranjan entered
into the hut and by a dao inflicted a few cut blows on Annalal. Out of fear
she did not raise alarm and left the house. Then PW17 recorded her
statement as per her version at the PO, and instructed S.I. Dulal Das to
take up investigation in the spot. Thereafter PW17 verbally examined the
witnesses whose statements were recorded by S.I. Dulal Das and found
their statements were correctly recorded. On 03.08.2013 in the morning
PW17 arrested the accused person from the house of Sudeshya Tripura
and brought him to the P.O. The accused divulged that he could bring out
the weapon of offence as he threw it in a paddy land. Now in presence of
local people he brought out the dao from a paddy land but PW17 did not
record any statement in the form of discloser even after recovery of the
dao. PW17 also deposed that he seized the dao in presence of witnesses
by preparing a seizure list. After that, PW17 produced the witness
Matakanya Tripura to the court on 06-8-2013 for recording her statement
and on that day PW17 recorded her statement. During the course of
investigation PW17 collected her judicial statement from the court. PW17
further deposed that on 16-8-13, he received the P.M. report and after that
on17.01.2014, the report of the FSL was received. Thereafter, PW17
seized the C.D. and then a prima facie case was established for
commission of offence punishable under Sections 457/302 IPC, and hence
he filed charge sheet against Sachi Ranjan Tripura on 21-09-2014 .
During cross-examination PW17 deposed as under:
"It is not a fact that the wearing apparels belong to deceased, not of the accused person. It is not a fact that the accused person did not give any discloser statement. It is not a fact that the accused person did not search for the dao. It is not a fact that I seized the dao from the hut of the accused person only to make out a case against him. It is not a fact that Sudeshya Tripura did not inform Jarasindshu that the accused killed Annalal".
(iv) PW24, Sri Subindra Debbarma, deposed that on 17.01.2014
Ripon Debbarma of Dumcherra Police Station handed over one C.D.
cassette to the I.O and the I.O. seized it by preparing the seizure list.
Cross-examination was declined.
(v) PW27, Dr. Sabyasachi Nath, Scientific Officer, Tripura State
Forensic Science Laboratory, deposed that on 17.08.2013 he received a
parcel from the Director, SFSL, Agartala containing Ext.A, (blood sample of
deceased Annalal Tripura), Ext.B (one red colour pachra collected from the
P.O), Ext.C (containing blood stain), Ext.D (one takkal dao), Ext.E
(subsequently marked Ext.E1 and E2 in the laboratory).
Cross-examination was declined.
(vi) PWs 1, 3, 10, 11, 14, 20, and 23 are the witness to whom
PW12, Matakanaya Tripura divulged that accused Sachi Ranjan Tripura in
the evening of 19.07.2013 entered into their living hut with a dao in his hand
and inflicted quite a few cut blows on the face, head and forehead of
Annalal while Annalal was lying on the cot and consequently, Annalal died
instantly.
[10] It is seen from record more particularly, from the impugned
order dated 24.06.2015 passed by the learned Court below in case No.
Sessions Trial 24(NT/K) of 2014 that in the evening of 19-07-2013 PW 12,
Matakanya Tripura, the informant-wife of the deceased, Annalal, rushed to
the house of Purnalata Tripura, PW 23 an divulged him that accused Sachi
Ranjan killed Annalal and they approached the house of PW 1, Sudheshya
Tripura, where Matakanya again divulged to Sudheshya Tripura that when
they were living inside their living hut accused Sachi Ranjan entered into
their living hut with a dao and inflicted cut injuries on the face, head and
forehead of Annalal and killed Annalal while Annalal was lying on a cot.
Now, PW 1 out of apprehension closed the door of his hut and confined
Purnalata and Matakanya inside his hut and requested PW 13, Jarasindhu
Tripura, a panchayat member, to take up the issue with the police when
Jarasindhu Tripura informed the matter over telephone to Sunendu
Chakma, a police person, known to PW 13 and then PW 11 formally lodged
information with Dhumachhera PS and police party accompanied by PW
14, Lalana Tripura, arrived at the PO house at 12.30 p.m and found nobody
present there and approached to the house of PW 1, Sudheshya Tripura,
wherein Matakanya was found available and then Matakanya, Purnalata,
Sudheshya accompanied the police party to the PO house and immediately
Matakanya Tripura divulged to the police party in presence of Lalana
Tripura, PW 14, that accused person entered into their living hut and
inflicted dao blows on the face, head and forehead of her husband, Annalal
and killed him while Annalal was lying on a cot. Thus, these bundle of facts
though not fact in issue but in proximity of time and place are so much
interwoven and formed part of the fact in issue, i.e., accused Sachi Rasnjan
Tripura killed Annalal Tripura in the evening of 19-07-2013 when Annalal
was lying on a cot inside his living hut. Thus, the evidence of PW 12,
Matakanya Tripura, who is a solitary eye witness, has found extremely
reliable corroboration from the circumstantial evidence of these witnesses.
Further, PW 12 has proved that she identified the accused person by the
light of kerosene lamp, which was seized. She also identified the wearing
apparels of accused Sachi Ranjan at the time of the occurrence, i.e., red
coloured T shirt and half pant, which were subsequently seized and proved
by the prosecution. The prosecution has also successfully proved that with
intent to kill Annalala Tripura, accused Sachi Ranjan Tripura entered into
the living hut of Annalal in the evening of 19.07.2013 with a dao in his hand
and inflicted fatal blows on the face, head and forehead of Annalal by the
dao when Annalal was lying on a cot inside the living hut and he was killed
instantly.
[11] This Court has carefully considered the entire evidence on
record, the impugned judgment of conviction & sentence and the
submissions advanced by the learned legal aid counsel for the appellant, as
well as the learned Public Prosecutor appearing for the State. After
reviewing all of the material on record and the findings made by the Courts
below, we are of the opinion that there was no sudden provocation because
the accused killed the deceased while the deceased was sleeping with his
wife and young child.
[12] Though there are multiple injuries all arising out of only one
single blow, it cannot be said that it attracts Section 304 Part II of IPC i.e.
culpable homicide not amounting to murder and the accused is entitled for
benefit considering his case under Section 304 Part II of IPC. But, in view of
the bleak relation among the accused and the deceased as they were at
logger heads and repeated quarrels were also going on for property
disputes, considering the said issue, the accused person might have
attacked his brother with a single blow of the dao and the deceased died.
Since pre-planned murder has not been proved and out of heat of anger,
the crime could have taken place, this Court considers the punishment for
accused appellant to be RI for life with all the benefits of remissions to be
extended to the convict under Section 302 IPC and he may be released
thereafter. It is pertinent to mention here that during the course of
argument, it is represented on behalf of the appellant that the accused
convict is in jail for the last 13 years. This Court directs the jail authorities to
take a note of this.
[13] With the above observations and directions, the appeal stands
partly allowed and thus, disposed of. As a sequel, miscellaneous
applications pending, if any, shall stand closed.
[14] Send down the LCRs forthwith.
S. Datta Purkayastha, J. Dr. T. Amarnath Goud, J.
Munna MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2026.02.27 17:41:27 +05'30'
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!