STATE OF TRIPURA Vs. SUDHAN DEB

JUDGEMENT

(1.) This appeal is directed against the judgment of Learned Additional Seasions Judge, South Tripura. Udaipur dated 10th of December, 1962 passed in Sessions Trial No. 14(S.T/U) of 1982 whereby learned Additional Sestions Judge acquitted the accused- respondents of the charge u/s, 302 read with Section 34 of I.P.C. and the charge u/s. 326 read with Section 34 of I.P.C

(2.) The prosecution case as disclosed by the prosecution witnessess is that the deceased Narayan Dutta who was once in friendly term with the respondents fall out with accused- respondents SudhanDeb and Swapan Dey sometime before the date of occurrence viz. 19.5.80 relating to some loan money which accused-respondent Sudhan Deb took from the Office of the Superintendent of Fisheries at Udaipur. Apart from that quarrel, it was alleged that a few hours prior to the actual time of occurrence there was a quarrel between the daceased and the accused-respondents, namely, Sudhan Deb and Swapan Dey relating to a begoat and in course of that quarrel deceased was assaulted by both the accused- respondents, namely, Sudhan Deb and Swapan Dey.

(3.) Now with respect to the factual part of the occurrence which took place in a sweetmeat shop viz. Sitaram Mistannya Bhandar near Matarbari, the prosecution case is that at about 9 p.m. the deceased Narayan Dutta came to that sweetmeat shop and took his seat in a cabin. At that time Gopal Das, Parimal Das, Dipak Debnath, brother of Gobardhan and accused-respondent Sunil Das were in that cabin and they were talking. At about 9.30 p.m. Haradhan Debnath (P.W.-27) came to the cabin of that sweetmeat shop and asked Narayan Dutta as to how he was beaten. Narayan Dutta did not give any reply at that time. Indra Kumar Dutta (P.W.-2), brother- in-law of deceased Narayan Dutta who also came to that sweetmeat shop sometime before the arrival of Narayan Dutta was having tea with his brothers-in-law, namely, Pradip Bhowmik, Samir Bhowmik and Prabir Bhowmik. So, after the arrival of Narayan Dutta in that sweetmeat shop Indra Kumar Dutta noticed some bleeding injury near the right eye of Narayan Dutta and on seeing this he asked Narayan Dutta how he sustained the injury. Narayan Dutta did not give any reply. However, Indra Kumar Dutta went to some pharmacy, brought some dettol and applied it to the wound and again asked him how he sustained the injury. Then Narayan Dutta told him that he had quarrel With accused Sudhan Deb and Swapan Dey and both of them assaulted him on the question as to how he got the he goat which was killed for the feast. At that time all the persons who were inside the shop premises left. Only Narayan Dulta, India Kumar Dutta and Haradhan Debnath (P.W.-27) remained inside the shop premises. It was alleged that while the deceased was narrating the incident of the fight that took place between him and the accused- respondents, namely, Subodh Deb and Swapan Dey suddenly at about 9.30/10 p.m. 3(three) persons armed with sharp cutting weapons like ram daos entered into the cabin and one of the assailants, namely, Swapan Dey attempted to strike a blow on the person of Narayan Dutta by means of a dao but Haradhan Debnath (P.W.-27) then and there caught hold of the accused Swapan Dey. At that time another assailant struck a blow on the person of Haradhan Debnath causing bleeding injury on the left shoulder. On getting this dao blow Haradhan Debnath somehow came out of the sweetmeat shop and went to the main road wherefrom he looked back and found the three assailants striking blows with daos on the person of Narayan Dutta in front of the door of the shop premises. On seeing this Haradhan Debnath went at a longer distance and raised cries. On hearing his cries a few persons rushed to the sweetmeat shop and along with them Haradhan Debnath went there and found that Narayan Dulta lying dead on the floor of the shop premises with 7 or 8 bleeding injuries on his person,