RATAN PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The accused appellant Ratan Paul is under a term of life imprisonment imposed on him on 12/4/1984 by the learned Sessions Judge, South Tripura for killing his wife Putul Rani Paul on 7/11/1982 in the yillage Pitra under R.K. Pur Police Station.

(2.) The facts of the case which may succinctly be summarised are that accused-appellant and deceased Putul Rani Paul, who are residents of village Pitla fell in love with each other and sometime in the month of Jaistha 1389 B.S. they fled away from the village, came to Agartala and got themselves married on swearing an affidavit before an Executive Magistrate on 14/7/1982. In the month of Sravana they came back to the village together and sought shelter in the house of their parents but neither the father of the boy nor the brother of the girl, Chandan agreed to give them shelter. So, they stayed in different houses including the house of Chandan pending settlement of their marriage by village elders. A number of Baithaks were held, but the village elders could not settle up the matter amicably. So, Putul started residing in the new house of her brother Chandan, which was constructed after his original house was gutted during 1980 disturbance. On the date of occurrence i.e. 7/11/1982 at about noon Putul was found missing from the new house which was situate near the house of the appellant Ratan. At about 3.00 P.M. Nikhil Paul, the elder brother of Putul got the information from his mother that Putul was missing. So, he along with others went out in search of Putul and during search at about 3.30 P.M. they found Putul lying dead in the jungle situate to the South-East of their home-stead at a distance of 150 cubits. On seeing the dead body of Putul they raised alarm and Nikhil rushed to Pitra Out Post where he narrated the occurrence to the Incharge Officer who sent an information through wireless massage to 0/C, R.K. Pur P.S. to the effect that one dead body was found at village Champaknagar under Pitra Out Post.

(3.) The 0/C, Shri Sub hash Sinha (P.W. 37) received the information and entered the gist of the. information in the G.D. of the P.S. under SI. No. 266, dated 7/11/1982 and thereafter he along with his staff came to the village Pitra, visited the place where the dead body of Putul was lying and thereafter recorded the First Information Report (Ext. P/23 (2)) which was lodged by the informant Nikhil Paul (P.W. 1) to the effect that Putul was lying dead in Durki forest on a tila at a distance of about 150 cubits to the South-East comer of their house and that a noose was tied around her neck. It was also alleged that subsequent to discovery of the dead body of Putul a few villagers presented Monoranjan Paul and his son Ratan Paul in the new house where Ratan confessed to them that he murdered Putul.