BARUN DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present appeal filed by the appellant-accused is directed against the judgment and order dated 23.06.2005 passed in ST16 (WT/K)/2003 convicting the appellant-accused for the offence punishable under Section 302 read with 34 IPC and sentencing the appellant-accused to suffer rigorous imprisonment for life and to pay a fine of Rs. 3,000 in default of payment of the fine, a simple imprisonment of 3 (three) months.

(2.) Heard Mr. R. Datta, learned counsel appearing for the appellant-accused and Mr. Sarkar, learned P.P. for the respondent.

(3.) The prosecution story as unfolded during the trial is briefly noted.On 19.04.1996 one Shri Padip Debnath, PW 1, lodged an ezahar to Kalyanpur Police Station that on 19.04.1996 when he was at his house in the morning at about 5 o'clock his father, Bibhuti Bhushan Debnath,s/o (Lt) Krishnakanta Debnath, aged about 70 years had gone to the western side of their house in order to answer the call of the nature and he heard the cry of his father that "I am being killed". On hearing the said cry, he and his younger brother, Pandav Debnath, PW 4 proceeded to the place where their father was crying. They saw four persons (extremists) forcibly taking their father towards tilla along the lunga-land to the western side of their house. One of the extremists opened fire, then the villagers had searched their father in the adjacent jungle, but they could not trace their father. On receipt of the ezahar, a criminal case being Kalyanpur P.S. Case No. 16 of 1996 under Section 365 and 27 Arms Act was registered. The case was endorsed to PW 16, Haripada Kar, I.O. for investigation of the case and during the course of investigation, the I.O. prepared hand-sketch-map and index of the place from where the victim, Bibhuti Debnath, was kidnapped and recovered empty case of catridge from the place of occurrence by preparing seizure memo and the I.O. also examined the available witnesses and recorded their statements under Section 161 CrPC.