JAHARLAL ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.8.1994 passed by the learned Additional Sessions Judge, West Tripura, Ag ala in Sessions Case No. 34 (WT/K) of 1994 whereby the appellant was convicted under section 302 Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000.00 (Rupees five thousand), in default to suffer rigorous imprisonment for a further period of 6 (six) months.

(2.) A brief narration of the fact leading to the present appeal is that on 21st of June, 1993 at about 8 AM when Ajit Deb Barma was ploughing his land near his house he heard the cries viz "save me, save me, I am being killed" coming from the near by jungle which is situate to the West of his house. On hearing the cries Ajit Deb Barma (PW 3) went to his house which is situate on a tilla land and therefrom he looked towards the jungle and found that one person was causing hurt to another person by means of a sharp cutting weapon. On seeing this, he raised alarm which attracted one Ramabrata Deb and another person named Rajendra Deb Barma (PW 2). These two persons on hearing the cries came to the house of Ajit Deb Barma when Ajit Deb Barma told him about the occurrence which he found from his house. Thereafter these three people along a few others encircled the jungle and after entering into the jungle they found the dead body of Joykrishna Das lying on the ground with marks of bleeding injuries on his person. At that time they also found the appellant named Jaharlal Roy sleeping on the ground near the bund of a chhara at a distance of about half a kani from the place where the deceased was lying. All the persons who assembled there apprehended the appellant and thereafter at about 13.05 hours one Jogendra Deb Banna came to the PS and informed Sub Inspector, Manindra Debnath (PW 16) that a dead body was found lying in the jungle of village Tablabari and the villagers detained one person.

(3.) On receipt of this information Sub Inspector Manindra Debnath entered the gist of the information in the GD of the Thana under Entry No. 743 dated 21.6.1993 and pursuant to this GD Entry Sub Inspector Benulal Kar (PW 17) left for the place of occurrence along with the staff for necessary investigation.