FUL KUMAR AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THE appellants Fulkumar and Lalikumar challenge the correctness of their conviction under Section 364, Indian Penal Code, and sentence of 8 years' rigorous imprisonment, imposed on each by Shri N.M. Paul, the Additional Sessions Judge at Agartala, by his judgment dated 27 -12 -1966.

(2.) THE two appellants were tried on the charge of murder under Section 302, Indian Penal Code and in the alternative on the charge under Section 364, Indian Penal Code. Their co -accused Promode Ranjan Dewan was charged under Section 302 read with Section 109, I.P.C. and in the alternative under Section 364 read with Section 109, Indian Penal Code. The charge of murder could not be sustained against either of the accused and so they were all acquitted of that charge. Promode Ranjan Dewan was also exonerated of the charge under Section 364 read with Section 109, Indian Penal Code. The present appellants were held guilty under Section 364, Indian Penal Code and sentenced in the manner stated above.

(3.) ON 23rd of September, 1963, Priyanath Ghosh (P. W. 9), an employee in the Anti -Malaria Department as Field Worker, was surprised to notice one aged lady and an aged man on the run while he was proceeding from Hajachara to Silachari. On enquiry from those two persons, the witness learnt that they had seen two dead bodies, with serious injuries on their persons, lying in a paddy field close by. The witness then visited the place where the dead bodies were reported to be lying and was convinced about the veracity of the information passed on to him by the aforementioned two persons. On the next day, 24 -9 -1963, Priyanath Ghosh communicated what he had seen to Anil Kumar (P. W. 4), an employee in the Forest Department, and this Anil Kumar, in turnwent to the Outpost at Silachari and told A. S. I. Radhapada, the officer in charge, that the dead bodies of two persons were lying in the paddy field. A. S. I. Radhapada then contacted Priyanath Ghosh (P. W. 9) and asked him to accompany him to the place where the dead bodies were lying. Priyanath excused himself but detailed one peon of his own Department for accompanying A. S. I. Radhapada to the relevant field. A police party headed by Radhapada then left for that field where they reached at about 3 P.M. After seeing, the dead bodies, Radhapada sent a word to the widows of Panchakumar and Khagendra. After those women had reached the field and identified the bodies of their husbands, Radhapada prepared the inquest reports. He seized one blood -stained sickle, some blood -stained earth and some blood -stained garments from the scene of occurrence and prepared the recovery memo in that respect. That done, he sent the dead bodies to Silachari and busied himself in the search of Fulkumar and Lalikumar. That search, however, was unavailing. He returned to the Outpost at about 7 -30 P.M. and then sent a radiogram message to the Officer -in -charge of the police station Sabroom intimating the recovery of the dead bodies of Panchakumar and Khagendra as also the reports lodged by the widows of the deceased on the previous day. On the next morning (25 -9 -1963) Radhapada sent the dead bodies to Sabroom for post mortem examination.