PRABIR DEBBARMA AND ORS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the convicts under Section 374 of the Code of Criminal Procedure, 1974 (the Cr.P.C in short) has questioned the legality of the judgment and order of conviction and sentence dated 17.04.2009 delivered in S.T.133 (WT/A) of 2002 by the Additional Sessions Judge, West Tripura, Agartala, Court No.4. By the said judgment and order the appellants have been convicted under Section 448 of the I.P.C. and under Section 302 read with Section 34 of the I.P.C. and sentenced them to suffer rigorous imprisonment for 6(six) months for the offence punishable under Section 448 of the I.P.C. and to suffer rigorous imprisonment for life and to pay a fine of Rs.3,000/-, in default of payment of fine to suffer further rigorous imprisonment for 2(two) months for the offence punishable under Section 302 of the I.P.C. However, it has been directed that the sentences of imprisonment shall run concurrently.

(2.) It is to be noted at the outset that by the order dated 27.08.2012, this Court has directed for an inquiry to ascertain whether the other appellant, namely, Sri Kulendra Debbarma was juvenile on the date of commission of offence i.e. on 27.07.2007. Earlier the trial Court has submitted its report on 14.09.2009, on reference from this Court, clearly stating that another appellant namely, Sri Malen Debbarma at the time of occurrence was a juvenile and accordingly, the sentence as passed against Sri Malen Debbarma have been suspended by the order dated 04.11.2009 in CRL.M. No. 178 of 2009 arising from CRL.A. 45 of 2009. The sentences in respect of the appellant, Sri Kulendra Debbarma have also been suspended by this Court by the order dated 28.07.2009. This appeal is being determined only on the pleas of one of the appellants namely, Sri Prabir Debbarma. The pleas of the other two appellants, namely, Kulendra Debbarma and Malen Debbarma would be taken up separately in due course of time. It is to be further noted that this segregation is bound to take place inasmuch as the juveniles are legally entitled to be considered in terms of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) Genesis of the prosecution is located when a written Ejahar was filed by one Lalchan Debbarma (Lusai), and received by the Officer-in-Charge, Sidhai Police Station on 27.07.2000 at about 6 pm., disclosing that at the dusk on 27.07.2000 Sri Rajendra Debbarma, Sri Prabir Debbarma, Sri Kulendra Debbarma and Sri Malen Debbarma had trespassed into his house, wielded with dao, sword and axe etc. and threatened him. On the next moment, those persons had killed his wife Smt. Laxmi Debbarma, aged about 40 years with dao, sword and axe etc. in the kitchen and left the spot.