ABANI K DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The two appellants, Abani Kumar Debnath (A-1) and Amar Debnath (A-5), father and son were put to trial along with other four accused for the offence punishable under Sections 148/302/149/325/149 IPC. In the course of investigation one accused died and, therefore, only five accused were charge-sheeted under the aforesaid sections of law. The trial court after conclusion of the trial acquitted three accused and convicted the appellants under Section 302/34 IPC and sentenced them to suffer imprisonment for life and a fine of Rs.1,000/-; in default six months RI. The appellants were also convicted under Section 323 IPC and sentenced to one year R.I. The sentences are, however, ordered to be run concurrently. On appeal being preferred by the appellants, the High Court has affirmed conviction and sentences passed by the learned Sessions Judge. Aggrieved thereby this appeal has been preferred by special leave.

(2.) We have heard the learned counsel for the parties at length. In view of the order that we propose to pass it may not be necessary to recite the entire facts of the prosecution case leading to the conviction. Suffice it to say that a genesis of the prosecution story discloses that the death has been preceded by a mutual fight over a trifle matter. The prosecution story as unfolded was that the quarrel between the accused Amar Debnath and Anil Das PW.1 ensued over grazing cows. The cow of the accused said to have entered into the field of PW.1 by breaking the fence. A-5 Amar Debnath picked up a stick of bamboo from the bamboo fencing and started beating Anil Das PW.1. On seeing PW.1 being beaten the unfortunate deceased Ranjit Das who was standing nearby place intervened to save Anil Das PW.1 from beating. In the quarrel ensued, it appears that there was a mutual fight between the accused and the prosecution party and both parties suffered simple injuries on their bodies. In the meantime, A-1 Abani Kumar Debnath rushed to the spot and stated to have dealt with dao blow on the occipital region of the deceased. This incident had taken place on 10-8-1990 and the deceased succumbed to injury on 15-8-1990 in the hospital. The Doctor who conducted the postmortem and prepared the report has not been examined. However, from the postmortem report it appears that the deceased had suffered external injuries over parital and occipital region measuring 3" x 1/2" bone deep. Haematoma with Echynosis on the left side of the neck below the left ear. There was swelling on the left eye. The Doctor opined that the cause of death was head injury and spinal injury in cervical region. According to the Doctor the death was homicidal.

(3.) Mr. P. K. Goswami, learned senior counsel appearing for the appellants does not dispute the incident. He also does not dispute that the death was homicidal. He, however, contended that since the original quarrel had taken place between A-5 Amar Debnath and PW.1 Anil Das, there cannot be any meeting of mind between the father A-1 and the son A-5 to commit the murder of deceased Ranjit Das. He further contended that the incident had taken place preceded by a quarrel and, therefore, the conviction under Section 302 IPC was not justified, inasmuch as there was no intention of the appellant A-1 to cause the death of Ranjit Das. Per contra, the learned counsel for the State contended that even after the dao blow dealt with by A-1 on the deceased Ranjit Das and after he fell down A-5 continued to beat the deceased with a stick and, therefore, there was a clear common intention to commit murder of Ranjit Das.