STATE OF TRIPURA Vs. OMAR SHARIF

JUDGEMENT

(1.) This is an appeal under Section 378 of the Cr.P.C. against the judgment and order of acquittal dated 18.05.2016 delivered in Case No.S.T.(T-1) 10 of 2014. The respondent was charged of committing murder of one Papai Saha under Section 302 of the IPC and also under Section 326 of the IPC for causing grievous hurt to Arindam Ghosh, Bikram Paul, Raju Saha and Yubak Deb. Separately, the appellant was charged under Section 27(1) of the Arms Act. The charges were denied by the appellant raising the plea of innocence.

(2.) The prosecution against the respondent was launched on the basis of the complaint Exbt.2. filed by Pinaki Saha, the full blood brother of the deceased to the Officer-in-Charge, West Agartala police station revealing that when on 11.07.2011 he and his brother Papai were at the shop, they heard sounds of firing bullets and hue and cry of people. They closed down their shop and rushed for their house. When they reached to a place very close to their house in the Mitterson Lane, he noticed a police vehicle stopped on the road and some TSR jawans with fire arms got down from the jeep. The people started running helter-skelter. Without sounding warning, TSR started firing from their rifles and his brother Papai Saha sustained injury in the said firing. Papai Saha fell down on the ground and the TSR jawan fled away by their vehicle. There was no reason of opening fire at that time. Finally, Papai Saha succumbed to the bullet injury. On the basis of the said complaint, West Agartala PS Case No.235/2011 under Section 302/34 of the IPC was registered and taken up for investigation. After investigation, the police report was filed by sending up the respondent to face the trial.

(3.) In order to substantiate the charge, as many as 48 witnesses were examined including the informant PW-25. and the Medical Officer who carried out the post-mortem examination PW- 46. That apart, 14 documentary evidence including the postmortem examination report Exbt.10. were exhibited by the prosecution whereas at the instance of the defence, 11 documentary evidence Exbt.A-Exbt.L. have been admitted and Exbt.M.O.A., a copy of the order dated 08.08.2011 was also brought in the evidence as material object. Except the witnesses namely Pradip Chakraborty PW-40. and Habul Deb PW-41., no other witness has stated of involvement of the respondent the accused. PW-48, Ratan Kumar Sarkar one of the investigating officers did not state that the respondent was involved in commission of the alleged crime. The other witnesses, who are examined in the trial, had stated the story of PW-25 that TSR Jawans reached at the place by a gypsy vehicle and started firing at the mob and bullets hit Papai causing his death. The trial Judge while acquitting the respondent has made a significant comment which reads as under: