BIKASH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BROWSING the ejahar and other records, the prosecution case may be stated like this. On 8-1-99, Friday, at about 6. 30/6. 45 p. m. while the informant Shri pradip Kumar Goswami, was busy in packing clothes etc. , in the southern part of his dwelling hut as a preparation for proceeding in the next morning to Silchar for treatment, suddenly an unknown person, whose face was covered by black cloth, entered the room and asked him to give money, gold etc. by showing a pistol like weapon. The miscreant forcibly took away cash amount of rs. 1500/- and a wrist watch on which his name was inscribed. At the same time, other 2/3 miscreants whose faces were also covered by black clothes forcibly entered the western part of the dwelling hut and by showing pistol like weapons took away gold necklace from his mother's neck and two bangles and a pair of earings from his wife including his two battery torch light. The miscreants stayed about 5/7 minutes and went away towards the western side of the house. The police having received the information about the incident made an entry in the general diary. The officer-in-charge Shri babul Das (PW 10) along with SI Shri Bimal krishna Debnath (PW 11) visited the place of occurrence and received a written ejahar from Shri Pradip Kr. Goswami on the spot. The crime being Kamalpur PS Case No. 03/99, under Section 393, IPC read with Section 27 of the Arms Act was registered. The io prepared the hand sketch map with separate index, examined and recorded statements of witnesses under S. 161, Cr. P. C. After completion of the investigation the IO shri Bimal Krishna Debnath (PW 11) filed charge-sheet against Shri Bikash Das, Shri apurba Das, Shri Ramu Sabdakar, Shri sadhan Kanda, Shri Ramesh Kanda and shri Baju Kanda. The learned trial Court framed charges under Section 395, IPC against the above named accused persons and the charges were read over and explained. The accused persons pleaded not guilty and claimed to stand trial.

(2.) DURING trial prosecution examined in all 11 witnesses.

(3.) SUFFICIENT evidence has been adduced by the prosecution to prove the fact that a dacoity was committed in the house of the informant Shri Pradip Kr. Goswami. The informant was examined as PW 1. In his deposition he confirmed the statements and allegations made in his ejhar. Ext. 1 and the same have been corroborated by PW 2 Smt. Suprabha Goswami and PW 3 Smt. Kalpana bhattacharjee, mother and wife respectively. PW 1, out of fear, handed over to the dacoits cash amount of Rs. 1500/- (approximately), one torch light and a wrist watch on which his name was engraved. The dacoits looted a necklace and two bangles from PW 2 and a pair of earrings from P/w 3. The commission of dacoit was intimated by a villager, shri Pratha Goswami over telephone before the written ejhar was lodged with PW 10 Shri babul Das, OC of Kamalpur PS who made a gd entry No. 294, dated 8-1-99 and visited the place of occurrence with his staff including pw 11, Shri Bimal Krishna Debnath. He received a written ejhar from PW 1 on the spot at about 7. 45 p. m. and directed PW 11 to investigate the case. On return to the police station at about 1. 30 a. m. he registered the case and formally entrusted it to pw 11 for investigation.