RATAN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 5-2-97 passed by the learned Sessions Judge, South Tripura at Udaipur convicting the accused appellant under Ss. 302/34, IPC and sentencing him thereunder to imprisonment for life in Sessions Case No. 44(ST/S) of 1996.

(2.) We have considered the records of the case, perused the impugned judgment and order, and heard Mr. D. Sarkar, learned counsel for the accused appellant and Mr. S. Das, learned Public Prosecutor, State of Tripura.

(3.) On 30-1-95 at about 9 p.m. the Officer-in-charge (PW. 9) of Manubazar P.S. received information about an incident at Srinagar bazar. He first went to Srinagar Primary Health Centre where he found the dead body of Pradip Ghose. He reached the place of occurrence at about 10-15 p.m. and received the FIR Ext. 1 from the deceased's father Sudhir Ghose (PW. 1). It is stated in the FIR that on 30-1-95 at about 6-30 p.m. the deceased came to Srinagar bazar where his younger son Subrata (PW. 8) saw that accused-appellant Ratan Debnath and other accused Santosh Debnath surrounded his brother Pradip, accused-appellant Ratan caught hold of him, accused Santosh Struck him with dao and lathi whereupon Pradip fell down on the ground and then accused-appellant Ratan started striking him with sharp weapon. Subrata (PW. 8) tried to save his brother, but the accused persons chased him.