INDRAJIT DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30-1-1989 passed by the learned Additional Sessions Judge, Kamalpur, North Tripura in Sessions Trial No. 20(W.T.K) 87 convict ing the appellants, namely, Shri Indrajit Deb and Shri Nikhil Das under Section 302/34, I.P.C. and the appellant Sankar Deb under Section 302, I.P.C. and sentencing them thereunder to suffer rigorous im prisonment for life.

(2.) The case in short is that on 5-7-1984 at about 3.30 a.m. P.W. 1 Shri Pintu Kr Das lodged an F.I.R. at Kamalpur Police Station alleging, inter alia, that at about 11.00 p.m. on 4-7-1984 said informant along with some others were returning home after seeing cinema at Kamalpur town. While so return ing, when they reached southern end of the house of Mahesh Das, they noticed some white substance lying by the road side. It further seemed to them that a person was lying by the road side. Then they requested P.W. 6 Gouranga Das, whose house was situated nearby, to bring a lamp and then P.W. 6 Gouranga Das brought a lamp and saw that Jogesh Deb (since deceased) was lying dead. They further saw blood. At that time, one Brajendra Das also came there with a torch light in his hand and with the help of that torch light they noticed the dead body thoroughly and found bleeding injury on the rear portion of the neck of the deceased which appeared to them to have been caused by a sharp cutting weapon. Subsequently, many people assembled the. Afterwards P.W. 1 went to the house of P.W. 14 Shri Swaraj Kairi (Pradhan). After that they came to the police station and lodged the said information. Act ing upon the said information, police registered an F.I.R. under Section 302, I.P.C.

(3.) Police after usual investigation submitted chargesheet against the 3 appellants under Sections 302, 109, I.P.C. In due course of time, the case was committed to the Court of the learned trial Court. Learned trial Court upon perusal of the materials on record, framed a charge under Section 302, I.P.C. against the appellant No. 2 Sankar Deb. Learned trial Court further framed a charge under Section 302/109, I.P.C. against the appellant Nos. 1 and 3. He also framed a charge under Section 302/34, I.P.C. against all the appellants. All the appellants pleaded not guilty to the said charges. In course of the trial prosecution examined as many as 19 PWs. Defence examined none. Defence of the appellants was that of complete denial of the prosecution case.