SUBODH NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 11.7.2000 passed by Additional Sessions Judge, North Tripura, Dharmanagar in Sessions Trial No. 24(NT/D) 1996 convicting the three appellants herein, under Section 302 read with 34 of the Indian Penal Code (for short 'IPC') to suffer life imprisonment and under Section 447 of IPC to suffer further period of three months imprisonment.

(2.) We have heard Mr. S. Kar Bhowmik and Mr. R. R. Datta, learned counsel for the apellants and Mr. D. Sarkar, learned P.P.

(3.) On the night between 18.7.1994 and 19.7.1994 at about 3.0 a.m., one Gopesh Nath, aged 50 years was done to death. The accused-petitioners are his relatives and close neighbours for 30 years. While the first and second appellants are brothers, the third appellant is their brother-in-law (sister's husband). The prosecution version is that the first appellant Subodh Nath was indebted to the deceased for an amount of Rs.4,500/-. The deceased was putting presssure on him for return of the money, which generated bad blood between them. On the fateful night at about 3.00 a.m. when the deceased with his family members were sleeping in his own house, the convict-appellants planned to put the deceased to death and with that intention armed with wooden file and lathi ushered in the court-yard of the deceased. Subodh knocked the door and called the deceased, which had aroused the inmates. The daughter (P.W.2) and wife (P.W. 3) of the deceased opened the door and came out first with a burning lantern. They saw the three appellants towering over there, when Subodh told them that they had certain important talk with the deceased, who, however, also came out following his wife and daughter. The moment the deceased proceeded towards the courtyard, the assault had a sudden start from all the assailants. The sudden turning of events perplexed the daughter (P.W. 2) and wife (P.W. 3), who cried loudly attracting Nokesh Nath (P.W. 1) and his son Nirendra Nath(P.W. 4) to the spot. Nokesh is deceased's own brother living in a hut adjacent to the house of deceased. While Nokesh attempted to save his brother, he was also beaten by Narottam Nath, the third appellant herein. The injuries sustaines by the deceased on his head and other parts of his body proved to be fatal binging to him instantaneous death. Nokesh Nath (P.W. 1) went to the police station and lodged the First Information Report. During the investigation by the police, the dead body was post mortem by Dr. D. Paul (P. W. 11), who opined that the death was due to head injury caused by Blunt weapon causing thereby respiratory failure. The neighbours and villagers crowded the house of the deceased in the morning, to whom the wife and daughter of the deceased disclosed the names of the assailants, the appellants herein. Relying on the evidence of four eye witnesses and the neighbours, who reached the place of occurrence immediately after the death of the deceased to whom the eye witnesses disclosed the names of the assailants, the learned trial court came to the finding that the appellants were guilty of the offence of culpable homicide amounting to murder. They were also found guilty of criminal trespass under Section 447 of IPC.