ANUP TANTI @ ANU Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. Guha, learned Counsel appearing for the appellant and Mr. A. Ghosh, learned Counsel appearing for the State.

(2.) This criminal appeal under section 374 of Code Criminal Procedure against the order dated 27.1.1999 passed by the learned Additional Sessions Judge, West Tripura, Agartala convicting-the appellant and awarding sentence of life imprisonment to the appellant for the offence under section 302 of Indian Penal Code in Sessions Trial 163 (WT/A) 1996 causing death of one Sontosh whereby, appellant and three other accused, namely, Bhuban Debbarma. Bidya Debbarma and Nemai Bonaz were acquitted for their alleged involvement in the same offence.

(3.) The prosecution story as revealed from the records, are that on 18.9.1994 at about 9.15 a.m. the Sub Inspector of Police received a written complaint from Smt. Maina Tanti, (P.W. 1) wife of Sontosh Tanti, the deceased, that on the preceding night i.e. on 17.9.1994 at about 8 p.m. her husband Sontosh Tanti aged about 32 years, had left the house to attend Manasa puja at the house of neighbour Shri Sukhlal Lohar and at about 1 a.m. in the night, he was called by Nemai (the accused) and was taken in front of the house of Dhirendra Tanti, (P.W. 10), the father-in-law of Sontosh (the deceased) where Anup Tanti and other accused, namely. Bhuban Debbarma, Bidya Debbarma and Anup Tanti (@ Anu) were pre sent where an altercation between the deceased and the other accused persons took place and the accused Anup Tanti the appellant herein taking out a dagger from his pocket gave serious blow in the abdomen of (sic) attend their nature's call when Dipali Tanti (P.W. 12), the mother-in-law of the deceased observed the altercation was taking place near the gate of her house where she could identify the accused Anup Tanti alongwith others in the electric light. As observed by eye-witness Dipali Tanti (P.W. 12). a dagger was inflicted by the accused-appellant over the abdomen of Sontosh, however, she even raised an alarm and voice by saying "chor chor" and when the accused started running. she even tried to chase them however she was threatened by the appellant to meet the dire consequences, she was frightened and could not dare to follow those assailants subsequently. The deceased was taken to the verandah where napkin was put over the injury. After some time, Sontosh was taken to the hospital where he succumbed to the injuries after few hours.