SUBODH NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 08.06.2005 of the Gauhati High Court, Agartala Bench, in Criminal Appeal No. 22 of 2004.

(2.) The facts very briefly are that on 09.10.1998, Ashutosh took out his cows for grazing but did not return home till dusk and his cousin, Kripesh, along with others searched for Ashutosh but could not find him. On the next day (10.10.1998) at about 8.30 a.m., he again went out looking for Ashutosh and found his dead body with injuries lying in a jungle at Nalia Tilla. Kripesh then lodged an FIR at the Panisagar Police Station and the police registered a case and held an inquest over the dead body of the deceased. In course of the investigation, the police apprehended Pranajit, who was working as a labourer under Ashutosh and Kripesh, from District Cachar and brought him to Dharamnagar and during interrogation Pranajit disclosed that Ashutosh had been killed by the two appellants. The statement of Pranajit was also recorded under Section 164 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') and on completion of the investigation, the police filed charge-sheet against the appellants.

(3.) At the trial, the prosecution examined a total of 19 witnesses. Kripesh, the informant, was examined as PW-1, Patal, the elder brother of Pranajit, was examined as PW-2 and he stated that PW-13 had disclosed to him that the appellants assaulted the deceased by an axe and a lathi. Pranajit was examined as PW-13 and he has stated that he had gone along with the deceased to graze cows at Nalia Tilla and the appellant no.1 had dealt an axe blow on the deceased while the appellant no.2 dealt a lathi blow on him. The appellants did not produce any evidence in their defence. The trial court convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short 'the IPC') and sentenced them to imprisonment for life and a fine of Rs.5000/- each and in default, to undergo further imprisonment for a period of one year. The appellants filed Criminal Appeal No. 22 of 2004 before the High Court, but by the impugned judgment the High Court maintained the conviction and sentence and dismissed the appeal.