LAWS(GAU)-2011-6-4

MADAN MALAKAR Vs. STATE OF TRIPURA

Decided On June 04, 2011
MADAN MALAKAR Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) THE appellant, who has been tried and convicted under Section 302 IPC and sentenced to suffer imprisonment for life and pay a fine of Rs.5000/- i.d. to further undergo imprisonment for two years, vide judgment dated 2.12.2002 in S.T. 69(NT/D) of2001, passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar, has preferred this appeal for setting aside the said judgment and order with a prayer for acquittal.

(2.) THAT on 13.6.2001, one Pabitra Malakar(P.W1) lodged an information with the Officer In-charge, Panisagar P.S. Dharmanagar alleging, inter alia, that on 12.6.2001 at about 9 a.m., the accused Madan Malakar along with Nagendra Malakar (since deceased), resident of Barabari, went to Shimul Tilla near a rubber garden to collect wood and later on, at 2.00 p.m, the informant received an information from a person that Nagandra Malakar was lying unconscious beside the road of plantation (bagan). Thereafter, his son Nakul Malakar and the informant brought Nagendra Malakar to Jalebasa Primary Health Centre by an auto and subsequently, from there, Nagendra was brought to Dharmanagar hospital at the advice of doctor of the said primary hospital, where he was undergoing treatment. In the said FIR, it is also stated that till the date of lodging FIR, whereabouts of Madan Malakar,(the appellant herein) could not be ascertained.

(3.) TO bring home the guilt of the accused appellant, the prosecution examined as many as 17 witnesses including the official witnesses, namely, Sri Pabitra Malakar, the informant, (P.W 1 ), Sri Sushendra Malakar,(P.W 2), a day labour who is known to both the informant and the victim, Sri Ranjan Malakar, (P.W 3 ), who also knows the informant and the victim, Sri Aranya Malakar (P.W 4), who knows the informant and victim,but knows nothing about the incident, Sri Manindra Malakar (P.W 5), who rushed to the place of occurrence and brought the victim to the hospital for treatment, Sri Paresh Nath (P.W 6), who went to the hospital to see the victim and a seizure witness, Sri Ramesh Ch. Sutradhar(P.W 7) who is also a seizure witness, Sri Abinash Das (P.W 8), an witness to see the victim and the accused last time together and also a seizure witness, Dr. Hirak Chowdhury (P.W 9), a Medical Officer of Jalebasa Primary Health Center who referred the victim to Dharmanagar Sub-Divisional Hospital after giving the victim first aid, Smti Laxmi Malakar, (P.W 10),who knows the victim and has seen the accused going to his house through the sty of her house, Sri Lani Malakar, (P.W 11) who has been tendered by the prosecution, Sri Sushendra Malakar (P.W.12), who while returning with his cows from Shimultilla area at about 11-30 heard the sound of groaning of the victim and went to the place of occurrence thereafter and intimated the same to the people nearby, HC Keshab Deb (P.W 13) is the Head Constable at the Panisagar Police Station who escorted the dead body till post mortem examination is over, Mr. Pradhyut Ch. Dutta, (P.W 14), the Officer In-charge of Panisagar Police Station, who received the written complaint from Pabitra Malakar ( P.W. 1) and endorsed the case to S.I. Padma Sen Chakma ( P.W. 15), Sri Padma Sen Chakma,SI (P.W 15) is the I.O of the case, Sri Main Uddin (P.W 16) who is the witness of Inquest report, Sri Manindra Malakar (P.W17) is the Medical Officer in the Dharmanagar Sub-Divisional Hospital who conducted the postmortem examination over the body of the victim.