SRI BIJIT DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8-4-2013 passed by the learned Additional Sessions Judge, North Tripura District (as known earlier), Dharmanagar in S.T. No. 37(NT/D) of 2012 convicting the four appellants U/s 148/302 read with Sec. 149 Penal Code and sentencing them to undergo rigorous imprisonment for life with a fine of ?5,000.00 each and, in default thereof, to suffer another rigorous imprisonment for six months for their conviction U/s 302 read with Sec. 149 IPC. They were also sentenced to rigorous imprisonment for one year for their conviction U/s 148 IPC. Both the sentences are to run concurrently.

(2.) The facts giving rise to this appeal may be noticed at the outset. It is the case of the prosecution that one Abdul Salam, s/o late Abdul Jalil (the deceased-victim) of Pekucherra, PS Panisagar, North Tripura lodged an FIR with the Officer-in-Charge, Panisagar Police Station on 23-1-2010 stating that on 22-1-2010 at about 8.30 PM, the deceased, aged about 60 years, along with two others were returning to his house from Jalebassa market, but when they were about to reach the house of Sona Miah, 20/30 persons attacked the deceased with sharp cutting weapons on his head thereby causing bleeding injury and left him on the road in a critically injured conditions. Some local people took him to Panisagar Hospital and thence to Dharmanagar Hospital. He was thereafter taken to Silchar for further treatment where he died the next day. According to the ejahar, on 13-1-2010 at about 6 PM, there was quarrel between his cousin brother named Joinal Uddin and Uttam Paul and with him his brother named Abdul Matin was also there. At the time of this quarrel, (i) Panki Miah, (ii) Kuddus Miah, (iii) Abdul Hasim, (iv) Abdul Kadir, (v) Sanjoy Das, (vi) Bijit Das, (viii) Aptab Ali, (8) Main Uddin, (ix) Joinal Uddin, (x) Abdul Monif and (xi) Salim Miah of their own village armed with dao i.e. sharp cutting weapon, lathis, etc. in their hands were present. Since then, they stopped talking to them. Their behaviour indicated that they would harm his father, which they eventually did. On the basis of the complaint so lodged, the police initially registered a regular FIR being PNS PS Case No. 07/2010 U/s 148/149/326/307 Penal Code and investigated the case. After the death of the deceased, the offence punishable U/s 302 Penal Code was added for investigation. On completion of the investigation, the police charge-sheeted against 17 accused, namely, (1) Surman Ali, (2) Bijit Das (A-1), (3) Sanjoy Das (A-2), (4) Fanki Miah @ Pankhi Miah, (5) Abdul Kuddus, (6) Salim Miah @ Salim Uddin (A-4), (7) Karim Uddin, (8) Abdul Sukur (A-3), (9) Aftab Ali, (10) Abdul Hasim, (11) Abdul Jainal, (12) Abdul Kadir, (13) Atabur Rahaman, (14) Abdul Manaf, (15) Taj Uddin, (16) Helal Uddin and (17) Sanjoy @ Sujan Das U/s 148/149/326/307/302 IPC.

(3.) On commitment, the learned Additional Sessions Judge, Dharmangar, North Tripura (as it then was) framed the charges against all the said 17 accused U/s 148/149/302 IPC, to which all of them pleaded not guilty and claimed to be tried. In the course of trial, some 19 witnesses were examined on behalf of the prosecution to substantiate the charges against the accused. On the closure of the prosecution witnesses, the accused were examined U/s 313 Crimial P.C. and denied their complicity in the crime. No evidence was, however, adduced on their behalf. It may be noticed at this stage that four accused, namely, Karim Uddin, Aftab Ali, Atabur Rahman and Abdul Manaf were acquitted at the stage of their examination U/s 313 Crimial P.C. for lack of evidence. At the conclusion of the trial, the learned Additional Sessions Judge convicted (1) Bijit Das (A-1), Sanjay Das @ Sujan (A-2), (3) Abdul Sukkur (A-3) and (4) Mohd. Salim @ Salim Miah (A-4) U/s 148/149/302 IPC, but acquitted (1) Abdul Kuddus, (2) Fankhi Miah, (3) Surman ali, (4) Abdul Hasim, (5) Abdul Jainal, (6) Abdul Kadir, (7) Taj Uddin, (8) Helal Uddin and Sanjay Das s/o Samarendra Das for lack of convincing evidence. Aggrieved by their convictions, A-1, A-2, A-3 and A-4 prefer this jail appeal.