STATE OF TRIPURA Vs. SANKAR PAUL

JUDGEMENT

(1.) THIS appeal under Section 378 (1) Crpc, 1973, has been preferred by the State of Tripura challenging the judgment and order, dated 19. 12. 2001, passed by the learned Sessions Judge, West Tripura, Agartala, in Sessions Trial No. 165 (WT/a) of 1996.

(2.) THE material facts leading to the present appeal may, in brief, be set out as follows:-On 21. 6. 94, Smt. Pratima Roy (since deceased), W/o. Sri Nripendra Chandra Roy (PW 5), sustained injury due to electric shock and she was admitted in the M/s. Paul Nursing Home, Shivnagar, Agartala, for undergoing medical treatment. As her condition had improved and on being assured by, Dr. Shankar Paul (one of the accused), the owner of the nursing home, not to worry about her, the husband (PW 5) of Smt. Pratima Roy and her other relatives left the nursing home keeping the said patient in the nursing home alone. At about 2 O'clock at night, Sri Bhupendra Roy (PW 2), elder brother of the husband of the patient, received a telephonic information from the nursing home that their patient, Smt. Pratima Roy was missing from the nursing home. On being so informed, Sri Bhupendra Roy (PW 2) and the other family members including the husband (PW5) of the said patient rushed to the nursing home and searched for the said missing patient, but in spite of their best efforts, the patient could not be traced out. On 21. 6. 94, at about 6 a. m. , the dead body of the said patient was found floating, in a tank, opposite the Modern Club (near the nursing home ). After recovery of the said dead body, Sri Bhupendra Roy (PW 2) lodged an FIR with the Police. On receipt of the FIR, Police registered a case and launched investigation into the matter. Police prepared the inquest report in respect of the dead body and forwarded the same for post mortem examination, which was, conducted in course of time, by a team of Doctors. During the course of investigation, the Police examined as many as 109 witnesses, seized various documents, arrested the owner of the nursing home, Dr. Shankar Paul, and another Doctor, namely, Dr. Kishalaya Datta and five other employees of the nursing home, namely, Sri Pulin Debnath and Sri Shyamal Malakar, Smt. Tinku Gope, Smt. Bina Deb and Smt. Sobha Debnath. Sri Pulin Debnath and Sri Shyamal Malakar were forwarded to the Court for recording their confessional statement and accordingly, the learned Judicial Magistrate recorded their confessional statement. In their confessional statements, the said two accused persons stated that Dr. Kishalaya Datta had murdered the said patient after committing rape on her and that, they, on being asked by Dr. Datta, had removed and thrown the dead body into the nearby tank. At the close of the investigation, Police submitted chargesheet against Dr. Kishalaya Datta for the offence under Sections 376/302/211/34 IPC, against Sri Pulin Debnath and Sri Shyamal Malakar under Sections 118/302/201/34 IPC and against Dr. Shankar Paul under Sections 302 and 201 IPC. The other accused persons, namely, Sri Shankar Roy, Smt. Tinku Gope. Smt. Sobha Debnath and Ms. Bina Deb, were recommended for their discharge for want of evidence. The offence being exclusively triable by the Court of Sessions, the learned Addl. CJM committed the case to the Court of Sessions for trial. The learned Sessions Judge, West Tripura, Agartala, framed charges against Dr. Shankar Paul for offences under Sections 304 A/201/34 IPC and against Dr. Kishalaya Datta under Sections 376/302/201 IPC. Sri Pulin Debnath and Sri Shyamal Malakar were charged for the offences under Sections 302/118/201/34 IPC. The accused persons pleaded not guilty to the respective charges framed against them. Their plea was a denial one. Out of 109 witnesses, the prosecution examined as many as 45 witnesses and exhibited some documents including the FIR, Inquest report, seizure list, medical report, the dead body challan, forensic science laboratory report, hand-sketch map, the post mortem report etc. During trial, Sri Pulin Debnath and Sri Shyamal Malakar retracted their earlier confessions on the plea that they were compelled to make the confessional statements due to torture and assurance of release from the liability of the offences. The accused persons were examined under Section 313 Crpc. They denied the allegations and declined to adduce any defence witness. The learned trial Court held that prosecution failed to prove the cases against the accused persons and accordingly, acquitted the accused persons and set them at liberty.

(3.) WE have heard Sri B. Das, learned Senior Counsel, appearing for the State-appellant. Also heard Sri S. D. Chowdhury, learned counsel appearing, for Dr. Shankar Paul and Dr. Kishalaya Datta and Mr. S. Sarkar, learned counsel, appearing for Sri Pulin Debnath, and Mr. R. Datta, learned counsel appearing for Sri Shyamal Malakar.