SUNIL DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Saha, learned counsel appearing for the convict-appellant. Also heard Mr. S. Debnath, learned Additional Public Prosecutor appearing for the State-respondent.

(2.) This criminal appeal under Sec. -374 of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence dtd. 13/7/2015, passed by the learned Additional Sessions Judge, Sonamura, West Tripura Judicial District, in connection with case No. S.T. (T-1) 12 of 2014, whereby and whereunder, the appellant has been convicted under Sec. s-364/302/201 of IPC and thereby, sentenced to suffer rigorous imprisonment for 10 years for committing offence under Sec. -364 of IPC and to pay a fine of Rs.5,000.00 in default to suffer further imprisonment of 3[three] months. Further, he has been sentenced to suffer R.I for life for committing offence under Sec. -302 of IPC with a fine of Rs.5,000.00 and in default to suffer further imprisonment of 3[three] months and further to suffer RI for 7[seven] years for committing offence under Sec. -201 of IPC with default stipulations. It was directed that both these sentences shall run concurrently.

(3.) The facts which set the criminal law in motion, in short, are that on 7th day of December, 2013 at about 10.35 hours one Sri Bishu Das (PW-7), of Village-Bagmara, District-Sepahijala appeared before the O/C Melaghar police station and lodged a written FIR against the accused-person Sunil Debbarma, son of Sitaram Debbarma of Village- Neuramura, P.S. Melaghar and two others namely, Rai Chandra Noatia and Khirode Tripura alleging inter alia that his cousin Sanjit Das, aged about 30 years, son of Subodh Das of Village- Powangbari, P.S. Melaghar was an auto rickshaw driver by profession and he was also the registered owner of an auto rickshaw bearing registration No. TR-01-D-4263. On 6th day of December, 2013 Friday, at about 07.00am victim Sanjit Das (deceased herein) had left his residence with his auto rickshaw like other days but said Sanjit Das did not return home at night. At the relevant time, victim Sanjit Das was carrying one black colour Samsung Mobile phone with sim No. 9856988417. There was also some cash money in the pocket of Sanjit Das. as the victim did not return home at night, on 7/12/2013 at about 08.00am informant Sri Bishu Das visited Melaghar motor stand and talked with several persons when he came to learn that on 6/12/2013 at about 03.00pm three tribal young boys had hired the auto rickshaw of the victim with intent to go to Birchandra Manu and since that time the victim was traceless. It has been further stated that on 7/12/2013 in the morning Smt. Madhabi Das (PW-9), wife of the deceased lodged a missing diary with Melaghar P.S. Then and there, police started an inquiry and they recovered the auto rickshaw of the victim from the village Induria and at about 08.00 pm the informant received one telephone call from Melaghar P.S. with a request to visit Melaghar P.S. along with the family members of the victim. Thereafter, the informant along with the family members of the victim visited Melaghar P.S. when the informant and others were taken at Bhuraghat under Kakraban police station by the police personnel of Melaghar police station and, thereafter, all of them entered into a rubber garden whereat they found the dead body of the victim Sanjit Das with bleeding injuries. The vocal cord of the deceased was cut by sharp cutting weapon. There were so many marks of injuries caused by sharp cutting weapon in the dead body of the deceased. At that place, PW-7, the informant came to learn that the accused-persons, Sri Sunil Debbarma, Rai Chandra Noatia and Khirode Tripura, of village Neuramura were involved with the murder of Sanjit Das, the deceased.