BANDANA PATRA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE appellants named above, presented the memorandum of appeal under Section 374 of CrPC, challenging the judgment & order of conviction and sentence, dated 14.12.2007 and 15.12.2007 respectively, passed by learned Additional Sessions Judge (Court No.2), West Tripura, Agartala in Sessions trial No. 47(WT/A) of 2006 whereby and whereunder learned Additional Sessions Judge found the appellants guilty of committing offence, punishable under Section 302 r/w Section 34 of IPC and sentenced them to suffer imprisonment for life and also to pay a fine of Rs. 5,000/- (Rupees five thousand) each, in default of payment to suffer further imprisonment for 7 (seven) days and further found them guilty of committing offence punishable under Section 498 A of IPC and sentenced them to suffer imprisonment for one year and directed both the sentences shall run concurrently. THE judgment & order of conviction and sentence has been challenged in this appeal.

(2.) WE have heard learned senior counsel, Mr. A.C. Bhowmik, assisted by learned counsel, Mr. D.C. Roy & Mr. A. Bhowmik for the appellants and the learned Public Prosecutor, Mr. D. Sarkar, assisted by learned Advocate, Mr. R. C. Debnath, for the State-respondents.

(3.) INVESTIGATING Officer, S.I. Manindra Ghosh, on 03.06.2005, recorded the statements of material witnesses namely, Bandana Acharjee, Rinku Gope, Halen Das, Puspa Rani Das and Haradhan Gope and also visited GB hospital in the evening but could not record the statement of Anjana, as she was found not able to make any statement and Doctor also advised him to the same effect. He than arrested the FIR named accused persons. On his transfer, the investigation was taken up by Officer-in-Charge of the Police Station, SI Manindra Debnath, on 5.6.2005 and he examined witnesses namely, Manoj Patra, Animesh Patra and Manish Patra, all minor sons of Anjana and Manohar Patra (husband of Anjana), Dulal Patra (brother-in-law of Anjana) and another Pilu Sau (neighbour) and some other witnesses and recorded their statements. He made a prayer to the Chief Judicial for recording the dying declaration of Anjana and accordingly, PW 13 (Sanjoy Bhattacharjee), recorded the statement in presence of PW 17 (Dr. Sujit Kr. Bhattacharjee) and PW 14 (Smt. Sipra Datta), the attending nurse of the deceased. I.O. submitted charge sheet against the FIR named persons for commission of offence punishable under Section 498 A and 302 of IPC read with Section 34 of IPC. Charges were framed accordingly under Section 498 A and 302 r/w Section 34 of the IPC to which the accused persons pleaded not guilty and claimed to be tried.