FARINGA CHAKMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, South Tripura, Udaipur in Sessions Trial No. 10(S.T/A) of 1995 convicting all the 5 accused-appellants on the charge under Section 302 read with Section 34 of I.P.C. and sentencing them imprisonment for life. Hence the appeal.

(2.) According to the prosecution P.W. 6 Smti. Kamala Rani Chakma of Jharjhoria along with her husband Bijoy Chakma (since deceased) went to Chelagong for marketing on 25-10-93 and on their return home from market along with Prafulla Chakma, P.W. 2 the accused-persons came out from the jungle with lathi and attacked her husband. The informant had herself in the forest and saw the accused-persons assaulting her husband. My husband was begging for life which the accused-persons did not care. But no one came forward since it was very lonely place. When the accused-persons went away she started towards home and on the way she met her father-in-law Prafulla Chakma, Indraswar Chakma, Sailendra and other 2/3 persons. She saw her husband died with severe injuries. Police came to her house on receipt of the information and recorded her statement which was treated as F.I.R. The F.I.R. did not indicate the name of any of the accused-persons. On the other hand in the said information she stated that herself and Prafulla, P.W. 2 could not identify any of the accused-persons as it was already evening. She stated that all the persons belonged to Chakma community. Her statement was recorded by the Sub-Inspector Mr. Ashis Kumar Deb and police registered NTB P. S. Case No. 26(10)/93 against the accused-persons. On completion of investigation police charge sheeted the accused-persons and on committal the learned Sessions Judge charged all the 5 accused-persons under Section 302 read with Section 34 of I.P.C. During trial prosecution examined about 12 witnesses including that of the doctor P.W.7 and the Investigating Officer, P.W. 11.

(3.) The entire case hinges on the testimony of P.W. 1, the wife of the deceased who accompanied althrough out with her husband at the time of occurrence. In her testimony in Court she deposed that several persons including 5 known persons came out from the side of the forest and began assaulting her husband with lathi and the butt of the guns. Her husband was begging from them for his life. One of the miscreants inflicted a knife injury on the throat area of her husband. Out of fear she could hide herself in the forest. But the miscreants did not show any mercy. Her husband fell down and when his voice was stopped she began running in the deep forest to save herself. She stated that she was so perturbed that her sari went off and she was with her petty coat and blouse. Prafulla who accompanied her reached her house and informed the inmates of our house. After getting the voice of her father-in-law from the spot who arrived there along with other members of family she came out from the nearby jungle and went to the spot. His face was disfigured. There were 5 persons. Accused-persons were identified in the dock. She stated that when the miscreants started assaulting her husband one of the miscreants pushed her but she could save herself and he was referring a Chakma. She reported the matter to the police verbally and police took down. Before the police reached their house where the deadbody was removed by us, Indrasur Chakma threatened her with dire consequences. She stated that after about 20 days she disclosed the name of the assailants to the Judicial Magistrate She stated further that due to the serious threat of Indrasur Chakma she did not disclose the name of the assailants to the police. The witness identified the seized articles like lungi, shirt, howai chappal, broken lathi which was seized by the police. In cross-examination she stated that there was no enmity of her husband with the miscreants. She also stated that she did not state either to the police or Magistrate about the existence of any enmity. When confronted by the accused about her statement on the day of occurrence she admitted that there was statement made by her to police. The accused-persons along with their family members fled away from out of locality when police arrived in their village. She also informed the incident to her father-in-law, mother-in-law and other members of her family. She disclosed to them the names of the miscreants, When confronted with her statement made before the police she stated that because of darkness she could not identify the miscreants. She stated that out of fear of Indrasur Chakma and due to his threat she did not disclose the names of the miscreants. She described about the size of the lathi. She stated that accused Faringa, Indrasur and Konaram came out from the right side of the jungle and Shankar and Bali came out from the left side of the jungle. All the miscreants shifted their houses from their village after this incident. At the time of deposing she was living with her father Mihir Karbari. The witness was cross-examined as to whether one person inflicted blow.