BHUSAN LAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant No. 1 Shri Bhusan Lal Das stands convicted under Section 302, I.P.C. and sentenced to imprisonment for life. His other companion, namely, Appellant Nos. 2, 3 and 4 who were charged similarly with the aid of Section 109 of I.P.C. were also convicted under Sections 302/109, I.P.C. and sentenced to imprisonment for life by the judgement dated 31st May, 1990 passed by the learned Sessions Judge, South Tripura in the case of S.T. N0.29 (S.T.)/89. Through this appeal the appellants challenged the judgement and order of conviction of' the learned Sessions Judge, South. Tripura.

(2.) Adumbrated in brief, the facts of the prosecution case are that on the date of occurrence i.e. 26-11- 1987 a Video shows was being exhibited in front of Rangamati Co-operative premises which is opposite to the house of Bibhisan Das, the father of the appellant No l intervened by Amarpur-Bampur road. At about 9/9.30 p.m. deceased Krishnanayan Das was going to witness the Video show along that road. But no sooner had he reached in fount of the house of Bibhisan Das, then all the accused - appellants, it was alleged, came out of the house of Bibhisan Das with lethal weapons in their hands and attacked the deceased on account of some previous enmity which cropped up a few months prior to the date of occurrence in connection with kindling of a bidi from the house of Bibhisan Das. It was further alleged that while the appellant Nos. 2, 3 and 4 caught held of the deceased the appellant No. 1 struck blows on the neck of the deceased by means of sharp cutting weapon causing severe bleeding injuries. The father of the deceased viz. Kishore Das (P.W. 1) was at that time having walk in front of his house which is at a short distance from the house of Bibhisan Das. The father of the deceased having seen the occurrence at once rushed to the scene of occurrence but within a few minutes of his arrival at the scene of occurrence deceased died. A few persons, however, rushed to the place of occurrence on hearing the cries but by that time all the appellants fled away with the incriminating weapons towards north.

(3.) However, one of those persons named Balai Das informed A.S.I. Shri Gopal Sarkar (P.W. 17), the Duty Officer of Birganj P.S. that one dead body, with bleeding injuries was lying at Amarpur-Bampur road near Rangamati Co-operative premises. A.S.I. Shri Sarkar entered the gist of the information in the G.D. book which was signed by the O/C, Shri Bijoy Kr. Nag and on the basis of this G. O. entry (No. 936. dated 26-11-1987, Ext. P.9), O/C, Shri Nag (P.W. 18) along with his staff went to the place of occurrence at about 11 p.m. and found the dead body of the deceased Krishnanayan Das lying on the road with bleeding injures. There he also got Kishore Das (P.W. 1) who lodged the ejahar to him. O/C recorded the ejahar and thereafter prepared the inquest report in presence of the witnesses. O/C. also seized the wearing apparels found on the person of the deceased, sent the dead body to Amarpur hospital for post mortem examination and recorded the statements of a few witnesses. Thereafter the O/C. returned to the P.S. and registered Birganj P. S. Case No. 3(11)/87 under Sections 302/34 of I.P.C.