NIKHIL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants-accused, namely, Sri Nikhil Das, Sri Jatindra Das and Sri Dipak Das, all are the sons of Late Jogesh Das, are challenging the judgment dated 29.06.2004 passed by the learned Additional Sessions Judge, West Tripura, Agartala in S.T. No. 72 (WT/A) of 1999 for convicting the appellants-accused under Section 302 of the Indian Penal Code (for short 'IPC') read with Section 34 of IPC and the order dated 30.06.2004 whereby sentencing the appellants-accused to suffer imprisonment for life with fine of Rs. 5,000/- each and in default of payment of fine to suffer rigorous imprisonment for another one year.

(2.) Heard Mr. S. Talapatra, learned senior counsel assisted by Mr. B. Banerjee, learned counsel for the appellants-accused and Mr. D. Sarkar, learned Public Prosecutor for the State-respondent.

(3.) The prosecution story, as unfolded during the trial, in a nutshell, is that Shri Jiban Krishna Dey (PW No. 1) lodged an Ejahar to the Officer-in-charge, Jirania P.S. on 15.06.1992 that today i.e. on 15.06.1992, at night after closing the Bakery shop at Sachindranagar Colony Market, he himself, his younger brother, Shibu Dey, Manik Dey, S/O. Monoranjan Dey of Sachindranagar Colony, Rakhal Das (PW No. 3) and Bhajan Das (PW No. 2) were returning together to their respective houses on bicycles. Manik Dey (deceased) and Bhajan Das (PW No. 2) were on one bicycle. At about 09.30 p.m. when they were near the house of Jogesh Das of British Card Colony, he and his brother, Shibu Dey went along one road, whereas Manik Dey (deceased), Rakhal Das (PW No. 3) and Bhajan Das (PW No. 2) proceeded towards their houses along another road. After proceeding a distance of about 20/25 yards, suddenly on hearing alarm, raised by Manik Dey as well as others, he and his brother, Shibu Dey, left the bicycle there and started running towards the direction from where Manik Dey raised alarm. On the way, when they reached in front of the house of Rabi Debnath, found Jatindra Das, Dipak Das and Nikhil Das, i.e. appellant-accused, coming armed with dao and Kirich (sharp edged weapons) in their hands and when the appellants-accused saw them, the appellants-accused raised their weapons towards them and rushed towards their house speedily. When they proceeded a little distance, found Manik Dey (deceased) lying in a ditch on road side of the British Card Road with grievous bleeding injuries on his person and that Bhajan Das (PW No. 2) was standing beside Manik Dey. They found Rakhal Das (PW No. 3) running towards the house of Jogesh Das and they also came to learn that the appellants-accused, who were the sons of Jogesh Das pounced upon Manik Dey and caused grievous bleeding injuries on him with dao and Kirch. At once he, his brother and Bhajan Das (PW No. 2) lifted Manik Dey (deceased) and carried him towards the road and immediately Manik Dey (deceased) was taken to Jirania Hospital on a cycle Rickshaw of one Sri Dulal Das (PW No. 8). Manik Dey was in unconscious stage and doctor of Jirania Hospital at once referred him (Manik Dey) to G.B. Hospital. It was also stated in Ejahar that for quite-some days there had been dispute between Manik Dey and three sons of Jogesh Das, i.e., the appellants-accused, over different issues and as a consequence of that, the incident had taken place. Manik Dey succumbed to his injuries at G.B. Hospital.