JAHARLAL GHOSH (GOPE) Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal has been filed by Shri Jaharlal Ghosh (Gope) against the conviction and sentence under Sec. 302, Penal Code passed by the learned Sessions Judge, South Tripura, Udaipur on 26th Feb., 1992 in Sessions Trial No. 44(ST/S)/91.

(2.) The facts as disclosed by the prosecution witnesses may briefly be stated as under:- Deceased Smti Bankumari Das aged about 30 years used to stay in the house of her brother-in-law, viz. Birendra Debnath (PW 10) in the village Fulkumari. On the night of occurrence i.e. 2.7.90 deceased Bankumari was sleeping in the eastern room of the northern viti but which consists of two rooms and Krishna Debnath (PW 7) and Biswajit Debnath.(PW 8), sons of Birendra Debnath (PW 10) were sleeping in the western room of that northern viti hut. Birendra Debnath (PW 10) was sleeping alone in the cook-shed of the western viti hut as on that night his wife was in Sabroom.

(3.) At about 11 p.m. suddenly Krishna Debnath and Biswajit Debnath woke up from sleep on hearing some sound and cries and the sound of forcible pushing on the bamboo made wall of the hut. As they woke up from sleep they hard some persons abusing Birendra Debnath. On hearing their cries both the brothers opened the door and came out and found the accused persons, namely, Jaharlal Ghosh, Himangshu Ghosh, Haripada Das and Adhir Das of their village in front of the hut and amongst them Jaharlal was armed with a 'kirich' while the others were armed with lathies. On hearing the cries of the assailants Bankumari also came out of the hut on opening the door. But as soon as she came out of the hut the miscreants jumped upon her and accused Jaharlal struck blows on her person by means of the kirich which he had in his hand and as a consequence thereof Bankumari fell down on the ground. On seeing this horrible scene Krishna Debnath entered into his room out of fear and raised cries. Meanwhile, Birendra Debnath who was sleeping in cook-shed also woke up from sleep and on seeing the miscreants armed with deadly weapons,he escaped through the back door of the cook-shed and took shelter in the house of Jagadish Barman (PW 1) whose house is at a short distance from his house. The assailants also left the house. But soon after the departure of the assailants Birendra Debnath came back to the house and almost simultaneously some neighbours also came to their house on hearing the cries raised by Krishna and his brother Biswajit. Then Krishna Debnath and his brother Biswajit came out of their hut and went near their aunt Bankumari and found her lying dead with marks of severe bleeding injuries on her person.