PRADIP SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE criminal investigation was set in motion on lodging of an FIR by Swapan Rakshit (PW 1) on 14. 1. 98 at about 10. 55 AM with the Officer-in-Charge of Airport Police Station alleging that on the night of 14. 1. 98 at about 2 O'clock, Pradip Sarkar, Dilip Sarkar, Dwipak Sarkar (appellants herein) and one Biswajit Sarkar (who died during the course of investigation) went to his house and assaulted his mother, younger brother, sister and thereafter in the morning at about 9. 30 AM when he came to Ushabazar to have his hair cut, he saw Biswajit Sarkar, Pradip Sarkar, Dilip Sarkar and Dwipak Sarkar stabbing his younger brother Raju Rakshit with dagger in front of Bishu Debnath's grocery shop and when he proceeded forward they wanted to stab him also. It has further been alleged in the FIR that his brother received grievous injuries due to the unified attack by the assailants and who though was brought to the GB Hospital, he succumbed to his injuries. The said FIR was reduced to writing by the Officer-in-Charge of Airport Police Station in GB Hospital who came there on receiving the information about the stabbing incident and after making GD entry, which was thereafter registered in the Police Station at about 1. 45 PM on that day itself as Airport PS Case No. 2 / 98 u / s 302/34 IPC. The investigation was entrusted to the Sub-Inspector of Police, namely Satya Ranjan Das (PW 9 ).

(2.) DURING investigation the investigating officer recorded the statements of a number of persons, including that of the PW 1 to PW 9, held the inquest, sent the dead body for post mortem examination, seized a number of articles vide different seizure memos and also prepared the hand sketch map. The investigating agency, on completion of the investigation, filed the chargesheet against the appellants u/s 302/34 IPC, as in the meantime Biswajit Sarkar had died.

(3.) DURING the course of the trial, the prosecution in order to bring home the charges against the appellants, examined 9 witnesses, proved the inquest report (Ext. P/2), two seizure lists (Ext. P/3 and P/4), challan sending the dead body for post mortem examination (Ext. P/5) and the sketch map along with the index (Ext. P/7) and P/8 ). The defence, through the investigating officer (PW 9) proved the excerpt of the statements of Kumari Smriti Rakshit recorded u/s 161 Crpc (Ext. D/1 ). The prosecution examined Swapan Rakshit (PW 1), brother of the deceased and Smriti Rakshit (PW 2), the sister of the deceased, both of whom claimed to have seen the occurrence as well as Chaya Rakshit (PW 3) the mother of the deceased; Parbati Deb (PW 4), the maternal aunt of the deceased; and Pradyut Rakshit (PW 5), the father of the deceased who are reported witnesses. The prosecution also examined Sri Uttam Bahadur (PW 6), the constable who accompanied the dead body to the hospital for post mortem examination; Sri Bipul Gan Choudhury (PW 7), the Officer-in-Charge of Airport PS who went to the hospital after making the GD entry and wrote the FIR; Dr. Partha Sarathi Sutradhar (PW 8), who conducted the post mortem examination; and Sri Satya Ranjan Das (PW 9), the SI of police, who was the investigating officer.