MANIK DEBNATH & OTHERS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal under section 374 of Cr.PC is directed against the judgment and order of conviction and sentence dated 19.5.2004, passed by learned Sessions Judge, South Tripura, Udaipur, in Sessions Trial No. 174 (ST/S) of 2001. Learned Sessions Judge found the convict-appellants guilty of committing offence punishable under sections 448/326/304 (Part II) read with section 34 of IPC and sentenced appellant No. 1, Sri Manik Debnath to suffer RI for five years and also to pay a fine of Rs.5,000, in default of payment to suffer RI for one year and also sentenced him to suffer RI for one year under section 448 of Penal Code and directed that the sentences shall run, concurrently. In respect of appellant Nos. 2, 3 and 4, namely, Smti Putu Rani Debnath, Sri Uttam Debnath and Smti Ratna Debnath respectively, were allowed to remain on probation for a period of three years and no sentence was imposed on them.

(2.) Heard learned counsel, Mr. S. Kar Bhowmik for the appellants and learned PP, Mr. D. Sarkar, assisted by learned Special PP, Mr. RC Debnath for the State-respondent.

(3.) A summary of the prosecution case is that on 11.7.2001 at about 11.30 PM, the accused persons, namely, Manik Debnath, his wife, Ratna Debnath and their son and daughter Uttam Debnath and Putu Rani @ Photo Rani Debnath, all armed with dao, lathi, etc, trespassed into the house of victim Ratan Debnath, husband of informant, Malati Debnath and forcibly dragged Ratan Debnath from his hut to his courtyard and assaulted him striking dao and lathi blows, causing multiple injuries including bleeding injury. On the following day in the early morning, the severely injured Ratan Debnath was shifted to Manubazar Hospital and the doctor, after examination and preliminary treatment, referred him to Sabroom Hospital (Sub Divisional Hospital) for X-ray, where from, he was referred to Udaipur Hospital and then to GB Hospital, Agartala. But Ratan Debnath succumbed to the injuries on 15.7.2001 at GB Hospital. While the injured was taken to Manubazar Hospital by his wife Malati Debnath, someone informed Manubazar PS and SI Raj Prasad Jamatia, as directed by OC, went to the hospital to whom Malati Debnath narrated the incident and SI Raj Prasad Jamatia recorded it as FIR. That FIR was registered as Manubazar PS Case No. 17 of 2001 under sections 448 and 326 of EPC and an investigation was taken up by the police of Manubazar PS and on completion of investigation charge sheet was submitted against the accused persons for commission of offence punishable under sections 448/326/302 of Penal Code. Cognizance was taken and in due course, the case was committed to the Court of Sessions for trial.