- (1.) The judgment and order, dated 20.2.09 and 22.2.09, passed by the Addl. Sessions Judge, Sonamura, West Tripura in case No. S.T. 45 (WT/S) of 2005, is in challenge in this appeal. By the impugned judgment and order aforesaid, the learned Sessions Judge convicted the Appellants for the offence under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the IPC) and sentenced them to suffer rigorous imprisonment for life and pay fine of Rs. 2,000/-, in default of payment of fine to suffer rigorous imprisonment for a further period of two months each for their conviction under Section 302 read with Section 34 IPC. Being aggrieved by the said conviction and sentence, the Appellants have come up with this appeal.
(2.) We have heard Mr. H. Debnath, learned Counsel appearing for the Appellants and Mr. A. Ghosh, learned Addl. Public Prosecutor appearing for the State of Tripura.
(3.) Prosecution case, in brief, as revealed at the trial, may be stated thus: On 3.4.03 at about 11.15 am, SI Biswanath Deb of Sonamura Police Station was informed that a dead body was lying in Kamalnagar road. The said information was entered as G.D. Entry No. 89 and Sri Deb, SI of Police, Sonamura proceeded to the place of occurrence. After arriving at the place of occurrence, at about 11.45 am, he found that a dead body was lying on the southern side of the Kamalnagar high school, Smt. Kumari Debbarma, wife of the deceased identified the dead body to be the dead body of her husband and she submitted an oral complaint with the Investigating Officer, which was recorded and accepted as an ejahar. According to the said informant, on 3.4.2003, at about 11.30 am, Sri Jaigya Debbarma (Appellant No. 1), Sri Kaithya Debbarma, Sri Mannan Mia (Appellant No. 2), Shah Alam, Birendra, Hiralal and some other persons, being armed with dao, lathi, knife etc. entered the premises of Sri Bishu Debbarma (hereinafter called, 'the deceased') and forcefully took him with them on the pretext of taking him to the police station. Taking the deceased, in the said way, towards the northern side of the Kamalnagar High School, the accused persons left the place after killing the deceased. The said oral information made by the wife of the deceased was treated as FIR and the same was exhibited as Exbt. 5/1. Accordingly, police registered a case, being Sonamura P.S. Case No. 07 of 2003, under Sections 302/34 IPC and launched investigation into the matter. During investigation, police recorded statement of the witnesses, prepared the Inquest report, a sketch map of the place of occurrence and forwarded the dead body for autopsy. Police seized some blood stained soil and lathi from the place of occurrence. During the investigation, it was found by the Investigating Officer that twelve persons, including the above named accused persons, got involved in causing the death of the deceased. At the close of the investigation, police submitted chargesheet against twelve persons under Sections 302/34 IPC, showing four of the said twelve persons as absconders. Out of the said' absconders, three accused persons appeared before the Court. Hence, the trial proceeded against 11 persons, including the present Appellants. The offence under Section 302 IPC, being exclusively triable by the Court of Sessions, the learned Sessions Judge framed charge under Sections 302/34 IPC and explained the charge to which the accused persons pleaded not guilty and claimed to be tried. In support of its case, the prosecution examined as many as fifteen witnesses, including the Medical Officer, who performed the autopsy, and the Investigating police officer. At the close of the evidence for the prosecution, the accused persons were examined under Section 313 Code of Criminal Procedure. They denied the allegations, brought against them, and examined two witnesses as defence witnesses in support of their plea of innocence. Considering the entire evidence on record, the leamed trial Judge acquitted (1) Hiralal Debbarma, (2) Bimal Debbarma, (3) Swapan Debbarma, (4) Shah Alam, (5) Bimal Debbarma, (6) Khokan Debbarma, (7) Prantosh Pal and (8) Ajit Mia for want of sufficient evidence. However, the leamed trial Judge convicted and sentenced the Appellants aforesaid as indicated above. Hence, this appeal.;