DHANU ALIAS DHANANJOY DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27-2-93 passed by the learned Additional Sessions Judge, West Tripura, Agartala, in Sessions Trial No. 14 (W. T. /K) 1991, convicting the accused under Section 302 read with Section 34 of the I. P. C. and sentencing them to undergo life imprisonment. In addition convicted the accused under Section 201, I. P. C. and sentenced them to undergo imprisonment for two years. Further, two of the appellants Shri Dhanu Debnath and Manoranjan Debnath were also convicted under Section 326, I.P.C. and sentenced to undergo imprisonment for four years. Hence this appeal.

(2.) The prosecution case started on the basis of an F.I.R. orally made before the Officer-in-Charge, Kalyanpur Police Station by Shri Surendra Debnath, P.W. 9 which was registered as Kalyanpur P. S. Case No. 7(5)89 under Sections 148/149/341/326/302/201, I. P. C. In the FIR it was alleged that on 19-5-89 at about 10 O'clock while the informant Shri Surendera Debnath, P.W. 9 along with P.W. 7, P.W. 8 and his son Girindra Debnath, the deceased were returning home after marketing from Chebri market via Sonachara 'Pool paar' and reached near Rajendra Debnath's (P.W. 2) mango grave at about 10.30 in the night, Dhanu Debnath, Manu Debnath, Gyan Debnath, Nripendra Debnath, Gopendra Debnath, Lalmohan Debnath, Nitai Debnath, Narayan Debnath, Gobinda Debnath and other 20/25 people of their village obstructed them with lathi, spear (ballam), dao, held dao at their throat and forbade to shout. They hit his companion Bipin Debnath with lathi, spear (ballam) and injured him. At that time they hit his son Girindra Debnath with lathi and dealt piercing blows (ghai) upon him with the spear (ballam), killed him and concealed the dead body elsewhere in the jungle. They said to them to escape. Going home, they informed Sankar Sukladas and others of the para about the incident. Later in the night after receiving the news, Chairman of the Village, Ramesh Goswami, P.W. 1 and others took Bipin along with Narendra Debnath and his mother Monmohani Debnath to own house. On 20-5-89 i.e. the date of filing the F.I.R. they admitted Bipin to the Khowai Hospital. The people of the locality and the relatives searched for Girindra's Crops at the spot of incident but could not find it.

(3.) On the basis of the said ejahar Kalyanpur P. S. Case No. 7(5) 89 was registered. Police charge-sheeted all the 10 accused named in the F.I.R. On committal the learned Addl. Sessions Judge, West Tripura, Agartala framed charges against all the accused persons under Section 302 read with Section 34, IPC and also under Section 201 of the IPC as well as under Section 326 of the IPC. The learned Addl. Sessions Judge in addition also framed charges against Netai Debnath under Section 302 read with Section 34, IPC, 201/326, IPC separately. He framed first charge against 9 accused. Netai was charged separately. During trial the prosecution examined as many as 14 witnesses.