BISWAJIT DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Accused Biswajit Das and Rabiul Hossain, both residents of district Sepahijala, Tripura stand convicted for having committed an offence punishable under Ss. 302/394/449 read with Sec. 34 and independently under Sec. 120B of the IPC. Another accused namely, Rakibul Hossain did not face trial and as such was declared as a proclaimed offender, in relation to whom, at this point of time, no other and several action stands taken by the police and we are also not called upon to take view thereupon.

(2.) Undisputedly, with the registration of the FIR on 15/10/2013, police had also suspected complicity of another person, namely, Adhip Das (PW23) who also remained in judicial custody for a long time. It is not the case of the police that he is an approver.

(3.) In short, it is the case of the prosecution that sometime on 15th/16/10/2013 the accused namely, Biswajit Das, Rabiul Hossain, Rakibul Hossain and Ramjan Miah trespassed into the house of Smt. Manjurani Sarkar and after murdering her, committed an act of Dacoity by taking away her belongings i.e. two mobile phones, two bangles and one gold chain. Immediately after committing the crime, the accused pawned one mobile phone with Adhip Das(PW23) as payment for buying a bottle of soft drink valuing Rs.50.00. Also, eventually, two bangles landed up with a Jeweller, Janardhan Debnath (PW17) only for polishing and not sale. It is also the case of the prosecution that on 14/10/2013 Shri Shirshendu Sarkar (PW20) on telephone had conversant with his mother i.e. the deceased. Last of such conversation took place in the night of 14/10/2013 when it was disclosed that accused Biswajit Das had come in the night but she refused to meet him. However, the following day, when his mother did not respond to the telephone calls, he requested the tenant/neighbour Shri Anal Kanti Das (PW1) to inquire about the cause thereof. Resultantly, when this person entered the house of the deceased he found her body lying on the floor. Accordingly, police was informed.