GOUTAM DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The challenge, in these two appeals, is to the judgment dated 19.04.2005, rendered by the Additional Sessions Judge, West Tripura Khowai in ST. 54 (WT/K)/2002, convicting Tapan, Das and Gautam Das under Section 302 of the Indian Penal Code (for short, IPC) and 27(3) of the Arms Act, but acquitting ten other accused persons. The two convicts have been sentenced to suffer imprisonment for life and to pay fine of Rs. 3000/- each and, in default, to suffer simple imprisonment for three months. They have challenged their conviction and sentences by instituting Criminal Appeal No. 47 of 2005. The State is before us, in Criminal Appeal No. 90 of 2005, challenging the acquittal of ten accused persons. We propose to dispose of both the appeals by this common judgment.

(2.) Prosecution Version:- The factual matrix first. On 31.08.2000, at about 6.30 pm, one Tapan Chakraborty was done to death by a group of miscreants. He was the leader of the Democratic Youth Federation of India (DYFI), a youth front affiliated to the Communist Party of India (Marxist). In the backdrop of the grisly murder, there was a students' agitation triggered by kidnapping of three students and one labourer by an extremist outfit. The protesting students raised road-blockade. Tapan Chakraborty, being a local leader of the party in power, was opposing the agitation and, thus, earned wrath of the agitators. Thirteen accused persons including the two convicts-appellants herein met, on 30.08.2000, in the house of the convict. Tapan Das, and conspired to eliminate their betenoire Tapan Chakraborty. On the following day (31.08.2000), there was a public meeting organised by the CPI(M) party at Shantinagar, where Tapan Chakraborty was present. The meeting commenced at 3 PM and ended at 5.30 PM. After the meeting, at about 6 PM. Tapan Chakraborty, accompanied by Babul Dey (P.W.-1), Ganesh Kol (P.W.-2), Nitai Das (P.W.-3), Ramakanta Paul (P.W.-10), Benu Ranjan Dhupi (P.W.-11) and Prabir Biswas (P.W.-12) came to cross the river on way home, at Kalayanpur, on the other side of the river. The boat-man (P.W.-2) sailed them to the other bank, where the assailants were waiting with fire arms to do away with Tapan Chakraborty There was another group of persons waiting in the passenger shed, a little away from the group of assailants. They were Nihar Ranjan Deb (P.W.-4) , Bidhu Urang (P.W.-7), Pranab Chakraborty (P.W.-8) and Satyendra Tanti (P.W.-9) waiting for Tapan Chakraborty to cross the river for escorting him home as his life was under serious threat from his political rivals, particularly, after the students' agitation. Pranab (P.W.-8) is the brother of the victim. The moment Tapan disembarked from the boat, accused Ratan Sukladas, who later came to become approver (P.W.-6), dragged the victim down. When the victim fell on the ground, the two convicts, Tapan Das and Goutam Das, shot at him causing severe bullet injuries. Just at that time, a bomb also exploded. The four witnesses, who were waiting in the passenger-shed, ran to the spot and saw the victim with bullet injuries bleeding to death. All the accused persons, after finishing their job, fled unscathed. The victim was, immediately, taken to the local hospital; but as he was sinking, the doctor advised to, immediately, shift him to the G.B. Hospital at Agartala. But before the journey to the G.B. Hospital could complete, the victim's journey of life had ended in huff. After his death, Babul Dey (P.W.-1) lodged the First information in the same evening at 8.35 PM. It was written by Sunil Deb (P.W.-5) as dictated by the informant setting thereby in motion the criminal investigation.

(3.) Defence version:- The simple defence version brought on record is that none of the accused persons was present at the scene of murder. They have been falsely implicated out of political rivalry.