SHYAMA CHARAN TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal, under Section 374 of Cr.P.C., is directed against the judgment and order of conviction and sentence, dated 20.08.2011, passed by learned Addl. Sessions Judge, Belonia, South Tripura in Sessions Trial Case No. ST 34(ST/B) of 2010. Learned Addl. Sessions Judge found the accused-appellant guilty of committing offence punishable under Section 395 of IPC and sentenced him to suffer R.I. for 7(seven) years and to pay a fine of Rs.3000/- in default of payment of fine to suffer further R.I. for 3(three) months.

(2.) Heard learned Legal Aid Counsel Mr. S.B.Deb for the appellant and learned Additional Public Prosecutor Mr. R.C. Debnath for the State-respondent.

(3.) Prosecution case, in short, is that on the intervening night of 06.08.2008 and 07.08.2004, the informant Shambhu Debnath (P.W.4) along with his family slept in his brother's house since his elder brother Dilip Debnath was ill. His house was kept under lock and key. Both the houses were located in close premises. At about 00-30 hours they woke up hearing sound of a gunshot and through the gaps of the door they could found in electric light lighting in the courtyard, 8/9 miscreants with 4(four) country made guns, dao, iron rod, etc. in hand and out of them they could identify Shyama Charan Tripura, the accused-appellant. Those miscreants broken open the lock of his house and thereafter taken out the valuable house hold articles. At that time, the informant i.e. P.W.1 with his brother and wife all raised alarm to which the miscreants threatened them to remain silent and otherwise, they will kill them. The miscreants looted his hut and while going away they entered in the house of his sister Kajal Debnath (P.W.5) and at that time, the informant and his other brothers came out of the hut and chased behind the miscreants. The accused-appellant Shyama Charan Tripura at that time struck a dagger blow on the hand of P.W.5 Kajal Debnath causing bleeding injury. The informant (P.W.4) when went to detain the accused Shyama Charan, the accused struck a blow with an iron rod and as a result, he received bleeding injury on head. In the meantime neighbourers also gathered and all of them caught accused Shyama Charan Tripura and detained him. P.W.1 Shambhu Debnath thereafter entered in his house and found that the miscreants taken away cash Rs.4000/- and golden ornaments of his wife weighing about 1 and 1/2 Bhari and other valuable articles. In the meantime, Khokan Debnath (P.W.6), son of Kajal Debnath informed the P.S. over telephone and police came to the village. The accused Shyama Charan was taken to Paschim Pilak and there police officer arrested him. On receipt of telephonic information from P.W.6, S.I. Amal Chakraborty (P.W.12) arrived at Paschim Pilak and arrested the accused. On the spot the statement of P.W.4 Shambhu Debnath was recorded by P.W.12 as FIR and P.W.12 started investigation on the spot.