PROMODE DAS & ORS. Vs. STATE OF TRIPURA

JUDGEMENT

(1.) :- A man of a very poor family consisted of his wife and two minor children was brutally murdered. The appellants were later nabbed and tried for the offences. The trial Court convicted them under Sec. 302 read with Sec. 34 Indian Penal Code and sentenced them to suffer R.I. for life and also to pay a fine of Rs. 1,000.00 each, in default to suffer further S.I. for three months. They were also convicted under Sec. 448 read with Sec. 34 Indian Penal Code and sentenced to suffer R.I. for one year and to pay a fine of Rs. 500.00, in default to suffer further S.I for 15 days. Against the said decision vide judgment dated; 16-1-2002 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. 148 ( WT/A) /98, the appellants have preferred the present appeal under Sec. 374 Criminal Procedure Code.

(2.) We have heard Mr. P.K. Biswas, learned Counsel along with Mr. A. K. Benerjee and Mr. M. K. Biswas, learned Counsel for the appellants and Mr. D. Sarkar, learned P.P for the respondent.

(3.) Deliberation of material facts of this case, in a brief manner, is necessary before considering the contentions raised. Smt. Mina Rani Shil, the wife of the deceased, the informant, (P.W 18), lodged an F.I.R on 3.11.1995 at about 9.45 p.m. with Maharajganj Bazar Outpost that on that day at about 7.00 p.m. when she was sleeping along with her husband, Shri Asit Kumar Shil alias Bhanu alias Gunu and two small children Sri Ashim Shil (P.W.10) and Smt. Soma Shil (P;W. 11) in their hut after taking meal, someone asked her from the outside to know whether one Paritosh had come or not which she answered in negative. Thereafter accused Khokan Deb of her village called her husband and she replied that her husband was not at home to which accused Khokan impressed upon her to open the door, otherwise they would broke the door. No sooner did she light the Kupi bati (a kerosene lamp normally used in the village) inside the hut, than the accused Khokan Deb, Faku Das, Ratan Das, Dinabandhu Majumder, Swapan, Maran Karmakar all of her village, armed with Dao, Kirich etc. broke open the door and entered into the hut. Forcibly, they pulled her husband Ashit put of the hut and dragged him to the North West corner of the house of one Lal Mohan Das (P.W. 22) where they gave him blows with sharp weapons in their hands. The wife informant (P.W 18) raised her cry whereupon accused Dinabandhu chased her with dao. Though the neighbouring people rushed to her house in response to her cry, no one dared to take her husband to the hospital out of fear. Having failed to help her husband lying with bleeding injuries, she then rushed to the police station to inform the incident which she stated orally to S.I. Sri S. Dasgupta (P.W. 29) of the said outpost who reduced the same into writing whereupon she put her signature after the contents were read over to her. P.W. 28 Shri Benu Bhushan Pal is the home guard who is a witness of FIR and carried the FIR from the outpost to the East Agartala P.S. immediately after it was recorded. It is not out of place to mention that the wife informant came to know from her sister-in-law named Anju Biswas (P.W. 16) about an altercation with the accused persons on previous night and she firmly presumed that the accused persons had committed murder of her husband in retaliation of the said quarrel.