- (1.) Both the appeals are being disposed of by one Judgment since both arise out of one occurrence and one Judgment dated 25.11.2010 delivered by the learned Additional Sessions Judge (Court No. 3), West Tripura, Agartala whereby the learned Additional Sessions Judge convicted both the appellants under Section 302 read with Section 34 IPC and sentenced them to imprisonment for life and to pay a fine of Rs. 5,000/- each and in default of payment of fine to undergo Rigorous Imprisonment for 1 (one) year.
(2.) The prosecution case shortly stated is that late in the evening of 22.03.2007, one Tapajal Hossein made a telephone call to Mantu Das. Since Mantu Das had no telephone in his house this telephone call was given to the house of Swapan Saha, a neighbour of the deceased Mantu Das. The prosecution case is that the deceased Mantu Das along with the accused and Tapajal Hossein were involved in illicitly taking oil from Rukhia Thermal Project and due to these nefarious activities some differences developed between them.
(3.) The informant of the case is Smti. Puspa Das, widow of the deceased, who was also examined as P.W.1. According to her on the telephone Tapajal Hossein had threatened her husband. Later at about 10.00 p.m. on 22.03.2007, Sukhen Roy and Sahid Mia (the accused appellants) came to her house and asked her husband to go with them. She did not want that her husband should go so late in the evening with these two people and she resisted. She, however, states that when she went to wash her hands and feet behind her hut, the accused managed to take her husband. Her further case is that about midnight one Gobinda (P.W. 15), driver of the accused Sukhen Roy came to her house and asked her to accompany him to the Boxonagar Dak Bungalow. She went to the Dak Bungalow along with Gobinda and there she found that her husband was lying in the lap of Sukhen in an injured condition. When she removed the cloth which was around the neck of her husband, she saw a deep cut injury. According to her, she was informed by Sukhen that her husband had sustained the injuries in an accident which took place at Karaimura. Her further case is that after seeing the injuries on her husband she took her husband to the Boxonagar hospital where the doctor declared that he had been brought dead. Next day in the afternoon, she prepared a written complaint alleging that her husband had been murdered by the accused.;