UNION TERRITORY OF TRIPURA Vs. TARANI DAS

JUDGEMENT

(1.) This is an appeal filed by the Union Territory of Tripura u/s. 417 (1), Cr. P.C. against the judgment of acquittal of the seven respondents-accused namely, A (1) Tarani Das, A (2) Sudhir Chandra Das, A (3) Sachi Dulal Das alias Patai Das, A (4) Kalicharan Das, A (5) Adwaita Das, A (6) Sachinandan Das and A (7) Upendra Das passed by the Sessions Judge, Agartala in Sessions Trial No. 21 of 1962 dated 23.04.1963.

(2.) The seven respondents were tried for various charges by the Sessions Judge, Tripura. Firstly, they were charged u/s. 148, I.P.C. for the offence of rioting with dangerous weapons on 2 kanis and 5 gandas of land in Kharija Taluka Nos. 23-17 of Khowai Collectorate within Mouja Durgapur, P. G. Birchandrapur. Secondly, they were charged for the offence of criminal trespass u/s. 447, I. P.C. Thirdly, they were charged u/s. 302 read with Section 149, I. P.C. for causing the death of Akshoy Singh. Fourthly, A (1), A (2), A (3) and A (7) were charged for an offence u/s. 302 read with Section 34 I. P.C. for having caused the death of Akshoy Singh in furtherance of their common intention. Fifthly, A (1) was charged u/s. 323, I. P.C. for having voluntarily causing hurt to P. W. 2 (Kshiro Singh). Sixthly, A (4) was charged u/s. 323, I. P.C. for voluntarily causing hurt to P.W.7 (Kamini Singh). Seventhly, A (6) and (7) were charged u/s. 323, I. P.C. for voluntarily causing hurt to P. W. 3 (Gournitai Singh). All these offences were said to have taken place on the land mentioned above in the course of the same occurrence at about 8 A. M. on 28-5-1961.

(3.) The case of the prosecution, briefly stated, is that P. W. 2 (Kshiro Singh) of Raktia Durgapur obtained a decree in Title Suit No. 8 of 1959 on the file of the Khowai Munsif's Court, on 30.04.1961, against A (1) declaring his title to and directing delivery of possession of the land in question to him and that, on 26-5-1961, P. W. 2 (Kshiro Singh) obtained physical delivery of the land through Court as evidenced by Ext. P.2, Warrant of delivery of possession in the presence of a number of witnesses namely, P. W. 3 (Gournitai Singh), P. W. 7, (Kamini Singh), P. W. 8 (Chandmani Singh), P. W. 17 (Fowjau Singh), P. W. 19 (Jogendra Deb Roy), P. W. 21 (Brajamohan Singh) and P. W. 27 (Prafulla Singh). It is alleged that the possession was delivered by beat of drum by P. W. 21 (Brajamohan Singh) and by posting a pole on the land. P. Ws. 17 (Fowjau Singh) and 27 (Prafulla Singh) were alleged to have ploughed the western portion of the land in token of delivery. It is the further case of the prosecution that at about 8 A.M. on 28-5-1981, P. W. 2, the decree-holder went to the land with his son P. W. 8 (Chandmani Singh) and two ploughmen P. Ws. 11 and 27 (Taileng Singh and Prafulla Singh) for ploughing the land and sowing paddy on the same, that when the sowing was about to be completed after ploughing and mowing of the western two plots, the respondents entered into the land armed with phicals (spears), pointed bamboos, lathis etc., that they first attacked the decree-holder P. W. 2 (Kshiro Singh), that when the deceased Akshoy Singh came forward to his rescue he was also severely beaten by A (1), A (2) and A (7), that when others namely, P.Ws 2, 3 and 7 (Kshiro Singh, Gournitai Singh and Kamini Singh) came to rescue of P. W. 2 (Kshiro Singh), they were also beaten by the respondents and that the injuries on the deceased proved fatal.