SHYAMASREE DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Samrat Kar Bhowmik, learned senior counsel assisted by Mr. Sreekanta Bal, learned counsel appearing for the petitioner, Mr. Raju Datta, learned Public Prosecutor assisted by Mr. Rajib Saha, learned Addl. Public Prosecutor appearing for the respondents No.1 & 2-State and Mr. Sankar Lodh, learned counsel, respondent No.3 herein, appearing in person.

(2.) Petitioner represents the accused Rakesh Barman who is one of the 8(eight) accused persons in Airport P.S. case No. 2024ARP037 which was registered by the informant S.I. Srikanta Guha in relation to an incidence which took place on 30/4/2024 around 2025 hours as per telephonic information received by him that a person has been shot at Hatipara under Airport P.S. The police party rushed to the spot and found a body lying by the side of the road with bullet wounds. On being brought to ILS Hospital, the doctor declared him as dead. It alleges that from local inquiry, it was learnt that at about 2010 hours one miscreant shot upon a person namely Durga Prasanna Deb alias Biki while he was sitting in a vehicle bearing registration No.TR-06-A-0745 which was parked at Hatipara in front of one medicine shop of Sri Bikash Das of Salbagan BSF Para. He fell down on receiving the bullet injury by the side of the road from his vehicle. The miscreants fled away. Subsequently, some kith and kin of the deceased arrived at the hospital and it was learnt that 5(five) named persons including the present accused and some others have committed the murder of Durga Prasanna Deb alias Biki, S/O. Ranjit Kumar Deb of Ushabazar, Chinaihani, P.S. West Agartala in furtherance of a criminal conspiracy.

(3.) Pursuant to the investigation, the police has lodged charge-sheet against 8(eight) persons including the present accused Rakesh Barman on 27/7/2024 bearing Airport P.S. charge-sheet No.44 of 2024. In between, on 7/5/2024, Mr. B.N. Majumder, learned senior counsel, has been appointed as a Special Public Prosecutor to appear and conduct the case bearing No.2024ARP037 under Ss. 302/120B of the Indian Penal Code (IPC, for short) and Sec. 27 of the Arms Act on behalf of the State prosecution by the Law Department. Charge-sheet was filed under Ss. 302/120B of the IPC and Sec. 27 of the Arms Act and later Sec. 201 of the IPC was also added. On 9/5/2024 Mr. Sankar Lodh, learned counsel, was appointed as Special Public Prosecutor to appear and conduct the case bearing No.2024ARP037 under Ss. 302/120B of the IPC and Sec. 27 of the Arms Act on behalf of the State prosecution by the Law Department, Government of Tripura.