SADHAN SHIL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the convict, hereinafter referred to as the appellant, has been filed under Sec. 374(2) of the Cr.P.C. against the judgment and order dated 03.03.2015 delivered in case No. S.T. 74 (ST/B) of 2013 by the Sessions Judge, South Tripura, Belonia. By the said judgment dated 03.03.2015, the appellant has been convicted under Ss. 342/323/353 and 307 of the I.P.C. As consequence of the said judgment, by the order dated 03.03.2015, the appellant has been sentenced to suffer rigorous imprisonment for 6(six) months, for committing the offence punishable under Sec. 342 of the I.P.C. The appellant has been further sentenced to suffer rigorous imprisonment for a period of another 6(six) months for commission of the offence punishable under Sec. 323 of the I.P.C. He has been further sentenced to suffer rigorous imprisonment for 1(one) year for committing the offence punishable under Sec. 353 of the I.P.C. The appellant has been sentenced to suffer further rigorous imprisonment for 7(seven) years for committing the offence punishable under Sec. 307 of the I.P.C. with fine of Rs. 3,000/ - (Rupees three thousand), in default of payment of fine, to suffer further rigorous imprisonment for 3(three) months. It has been directed that the sentences shall run concurrently.

(2.) Based on the ejahar, filed by Sri Laxmi Kanta Nag who was working as the Sub -Postmaster at Anandapur Sub -Post Office on 27.04.2012, P.R. Bari P.S. Case No. 61 of 2012 under Ss. 342/353/325/384 and 307 of the IPC was registered and taken up for investigation. The written ejahar as filed by Sri Laxmi Kanta Nag (PW -1) disclosed that on 24.07.2012 at about 1.50 p.m. the appellant entered in his office and closed the doors and windows of that room. When the appellant was asked why he was conducting in that manner, the appellant became excited 'and tried to kill' him on pouring petrol on his body and setting fire. When he failed to do so, the appellant assaulted the informant with lathi for which the informant received bleeding injuries. Thereafter, the appellant took a bundle of money from the cash and slid those in his pocket. When the informant tried to get up from the floor, the appellant started assaulting him again with lathi and chair. On hearing the cries of the informant, people from the surrounding area gathered in front of the office and tried to open the door. At that time, the informant somehow managed to open the door and came out. He was immediately taken to Niharnagar hospital. After investigation, the final police report was filed chargesheeting the appellant under Ss. 342/353/325/384 and 307 of the IPC and since the offence punishable under Sec. 307 of the IPC is exclusively triable by the Court of Sessions, the police papers were committed to the Court of the Sessions, the court of the Additional Sessions Judge, South Tripura, Belonia as then it was. In due course, the Addl. Secessions Judge framed the charges against the appellant under Ss. 342/323/353 and 307 of the I.P.C. separately. But the appellant pleaded his innocence and claimed to be tried in accordance with law.

(3.) In order to substantiate the charge as stated, the prosecution adduced as many as 12(twelve) witnesses (PW -1 to PW -12) including the informant, the medical officer who treated him in the hospital and the investigating officer. In addition, the prosecution also introduced as many as 15(fifteen) documentary evidence (Exbts. 1 to 15) including the injury report. To rebut the prosecution evidence, the appellant adduced three witnesses. After recording the evidence of the prosecution, the appellant was examined under Sec. 313 of the Cr.P.C. when the appellant reiterated his plea of innocence by denying the evidence as led by the prosecution as false. Thereafter, the Sessions Judge (new the Sessions Division had come up during pendency of the trial and the trial was taken up by the Sessions Judge as in the new set up no Addl. Sessions Judge was available) returned the finding of conviction as under: