PRIYALAL SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment dated 7.11.02 passed by the learned Addl. Sessions Judge, West Tripura, Khowai in S.T. No. 9 (WT/K)/2002 convicting Sri Priyalal Sarkar, the Appellant herein, under Section 302 of Indian Penal Code (IPC) and sentencing him to suffer RI for life stands impugned in the present appeal.

(2.) The prosecution version is that on 26.10.95, the deceased Jag'adish Sarkar was returning home from Khasia Mangal. On the way, the appellant herein, attacked him and assaulted him mercilessly with lathi (wooden stick) causing grievous injuries. One Smt. Shantabala Sarkar (PW 2) informed Sri Bishnupada Sarkar (PW5), the father of the deceased, who at once came to his son's rescue. Smt. Jyotsna Bala Sarkar (PW 6), the mother of the deceased also feached the scene. The deceased who was lying by road side with bleeding injuries disclosed to his parents that Priyalal Sarkar and Suprasanna Sarkar had attacked and assaulted him. Other villagers also reached there and the deceased was shifted to the hospital. But he succumbed to the injuries soon after he was brought to the hospital. On the same day, after the death of his son, the unfortunate bereaved father lodged the First Information Report (FIR) with Teliamura Police Station following which investigation was given afoot. During investigation both the accused persons named in the FIR were found absconding. After completion of the investigation during which ten witnesses were examined and statement of PW 4 recorded under Section 164 of the Criminal Procedure Code (for short, 'Code') was brought on record. The investigating Police Officer submitted chargesheet against Priyalal Sarkar, the appellant herein and Supra alias Suprasanna Sarkar (absconder) under Section 302 read with 34 IPC. Though the appellant could be arrested eventually the Police could not arrest the other accused for a considerable long period and because of that reason, the proceeding against the absconder was adjourned sine die. Sessions trial, thus, came to be held only against one accused Priyalal Sarker, the convict appellant herein. Basing on the statements of Bishnupada Sarker (PW 5) and Smt. Jyotsnabala Sarkar (PW 6), the parents of the deceased, and the circumstantial evidence gathered from confronted portion of the earlier statements of other witnesses who later turned hostile, the learned trial court arrived at a finding that the appellant along with the absconder was responsible for causing murder to the deceased and accordingly, the conviction and sentence followed.

(3.) We have heard Mr. S. Kar Bhowmik, learned counsel for the appellant and Mr. R. C. Debnath, learned PP-in-charge for the State.