KISHORE DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The Appellant of the instant appeal Shri Kishore Deb Barma, a resident at Horidas Para, Uttar Maharanipur under Kalyanpur Police Station, West Tripura District was convicted under Section 302 read with Section 34 of the Indian Penal Code ('IPC') and also under Section 201, read with Section 34 of the IPC for murder of deceased Lokesh Debnath who was missing since 25.6.1993 afternoon and sentenced to suffer imprisonment for life for the offence punishable under Section 302 read with Section 34, IPC and further sentenced to suffer R.I. for five years for the offence punishable under Section 201 read with Section 34, IPC, by the learned Additional Sessions Judge, Khowai, West Tripura by the impugned judgment dated 27.6.2006 passed in Case No. ST/ 94(WT/K)/2003.

(2.) Heard Mr. S. Sarkar, learned Counsel for the Appellant and Mr. A. Ghosh,learned Addl. Public Prosecutor appearing for the Respondent State.

(3.) The facts of the prosecution case, in brief, are that on 29.6.1993 one Jogesh Debnath (PW1) of Watilong Para, P.S. Kalyanpur reported to the Kalyanpur Police Station that his younger brother Lokesh Debnath found missing since 25.6.1993 afternoon. Upon receipt of the aforesaid information, the police authority prepared a GD Entry being GD Entry No. 991 dated 29.6.1993. Subsequent to the aforesaid information, another brother of said Lokesh Debnath, namely, Khokan Debnath (PW2) also submitted a petition on 1.7.1993 that his brother might be murdered vide G.D. Entry No. 25 dated 1.7.1993 and accordingly, investigation was started under Section 157 of the Code of Criminal Procedure.