MANILAL SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Appellants above named were put on trial for alleged commission of offence under Sections 148/ 149/ 323/ 302 of the Indian Penal Code, in the Court of learned Additional Sessions Judge, North Tripura, Dharmanagar, in connection with Sessions Trial No. S.T. 70 (NT/ D) 2001. On conclusion of the trial, the learned Sessions Judge convicted the Appellant No. 1, Sri Manilal Sarkar under Section 304 (Part - II) IPC and sentenced him to suffer imprisonment for 10 (ten) years and to pay a fine of Rs. 5,000/-, in default, to undergo imprisonment for one year and further convicted the Appellant No. 2, Sri Manab Sarkar to suffer imprisonment, for 5 (five) years and also to pay a fine of Rs. 5,000/-, and in default to suffer imprisonment for six months for commission of offence under Section 325 IPC.

(2.) The prosecution case, in brief is that, on 14.10.2000, at about 11:00 am in the morning Bidhan Sarkar(P.W.2), the younger brother of the informant, Bimal Sarkar(P.W.1) was catching fish in a common pond belonging to their family. At that time accused Sri Manab Sarkar started abusing Bidhan in filthy language. Soon thereafter Manilal Sarkar, Jayanta Sarkar, Anil Sarkar and Dakshina Sarkar came to the house of first informant armed with dao(sharp cutting weapon), sword and lathi. On hearing abusive and filthy language uttered by the accused when Bhupal Sarkar, aged about 70 years, i.e., father of the first informant, came out from his room, he was assaulted with spade blows by the accused persons with a view to kill him. Bidhan Sarkar(PW.2), in his effort to save his father from being assaulted, also sustained severe injuries on his hand, and one finger of his left hand got cut and his father's head was fractured/cut, and his father started vomiting blood. In the meantime, neighbours came to the place of occurrence, and rescued the family members of the first informant. Injured father of the first informant was rushed to Pecharthal Primary Health Centre, and then shifted to Dharmanagar Sub-Divisional Hospital. However, as his condition deteriorated he was taken to Silchar Medical College Hospital, for better treatment. Unfortunately, Bhupal Sarkar succumbed to his injuries on his way to Silchar Medical College Hospital.

(3.) On the basis of the information lodged by the informant immediately after the occurrence, a case was registered by the Police, for investigation. Subsequently, after the death of Bhupal Sarkar, Section 302 IPC was added on the prayer of the Investigation Officer. On completion of the investigation, the Investigating Officer submitted the chargesheet against the accused Appellants under Sections 148/149/323/302 of the IPC.