LAWS(SC)-2023-2-79

INDRAJIT DAS Vs. STATE OF TRIPURA

Decided On February 28, 2023
Indrajit Das Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) The appellant has assailed the correctness of the judgment and order of the High Court of Tripura dtd. 9/10/2013 dismissing the appeal of the appellant while confirming the conviction recorded by the Trial Court under Sec. 302/34 of the Indian Penal Code[1] and 201 of IPC whereby he was awarded imprisonment for life and allied sentences to run concurrently.

(2.) The prosecution story begins with a telephone message by one Mantu Das (PW-40) informing the Police Station Kailashahar that huge quantity of blood had been seen on the Kailashahar-Kumarghat Road near Shantipur. The said telephone message was received by Bindhu Bhushan Das (PW-1) whereafter he along with Sub-Inspector Kajal Rudrapal proceeded for the said place, after making due entry in the G.D. Register.

(3.) At the spot, PW-1 not only noticed the blood on the road side but also found blood-stained vojali (big knife), one taga (thread) and some broken pieces of glass which could be said to be of the rear-view mirror of a motor cycle. All these articles were taken into custody, sealed and recovery memo prepared. Further investigation was made which led to visible marks of dragging some heavy article in the jungle on the side of the road. These marks continued upto Manu River and thereafter vanished.