SRI DULAL PAL, Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THE appellants named above, presenting a Memo. of Appeal, challenged the judgment and order of conviction and sentence dated 25.09.2004, passed by learned Addl. Sessions Judge, Kamalpur, in Sessions Trial No. 38(NT/KMP)2002, whereby learned Addl. Sessions Judge found them guilty of committing offence punishable U/S 447 and S. 304 Part -II read with S. 149 of IPC and sentenced them to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 4,000/ - each, in default of payment of fine, to suffer simple imprisonment for four months U/S 304 Part -II read with S. 149 of IPC and also to pay a fine of Rs. 500/ - each, in default of payment of fine, to suffer simple imprisonment for one month U/S 447 of IPC.

(2.) I have heard learned counsel, Mr. P.K. Biswas, appearing for the appellants and learned Addl. P.P., Mr. A. Ghosh, appearing for the State respondent.

(3.) BRIEFLY stated prosecution case was that accused Dulal Pal had sold a table fan to PW.4, Sankar Deb at a price of Rs. 700/ - and Sankar Deb paid Rs. 500/ - in cash at once and Rs. 200/ - was lying due to be paid. On 25.04.1999 at about 06.00 am, Dulal Pal went to Sankar Deb, who was at that time grazing/rearing his cattle in the courtyard of his brother, Samir Deb and Dulal demanded his due Rs. 200/ -, and on that issue, there was an altercation between them and Dulal picked up a piece of brick and attacked Sankar Deb and assaulted him. On seeing it, Anita Deb, W/O Samir Deb called her husband, who was sleeping inside the room and he came out and requested Dulal to cool down and to go away. Dulal went near the road and called his brothers accused -appellants, Dilip Pal and Pradip Pal, and they at once armed with lathi, trespassed in the house of Samir Deb and at that time Kalyani Deb and Milan Bala Deb i.e. sister and mother of Samir Deb tried to resist Dilip and Pradip but Dilip and Pradip assaulted them, and thereafter, Dulal, Dilip and Pradip started assaulting Samir with lathi and Samir snatched the lathi from the hand of Dulal and beaten up Dulal with lathi blows, and at that time Dulal picked up a dao(a sharp cutting weapon, used for cutting vegetables, hereinafter mentioned as "dao") and dealt a blow on the head of Samir, and as a result, Samir received bleeding injury on his head and fell down on the ground. Hearing the cries, nearby people and neighbours came at the place of occurrence, and thereafter, Samir was shifted to Kulai Hospital from where he was referred to G.B. Hospital and Samir died in G.B. Hospital on 28.04.1999. The injured Anita Deb, Kalyani Deb, Milan Balal Deb, Sankar Deb had also undergone treatment at Kulai Hospital.