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TRIPURA HIGH COURT
T. Amarnath Goud and Biswajit Palit, JJ.
Sessions Judge, Khowai District and Anr. – Appellants
versus
State of Tripura and Anr. – Respondents
Death Sentence Reference No.2 of 2022 and Crl.A(J) No.40 of 2022
Decided on 12.2.2024
In Death Sentence Reference No.2 of 2022
For the Petitioner: None
For the Respondent: Mr. Raju Datta, Public Prosecutor
In Crl.A(J) No.40 of 2022
For the Appellant:Mr. H.K. Bhowmik, Mr. N.G. Debnath and Mr. A. Acharjee, Advocates
For the Respondent: Mr. Raju Datta, Public Prosecutor
IMPORTANT POINT
Murder and attempt to murder – It cannot be said that that crime committed without any motive is not a crime and accused is entitled to acquittal.
Headnote:
Indian Penal Code, 1860 – Sections 302 and 307 read with Section 84 – Criminal Procedure Code, 1973 – Sections 366 and 374 – Murder and attempt to murder – Death sentence – Killing of five persons one after another and injuring two others – No motive has been established behind commitment of such a heinous crime – But, it cannot be said that that crime committed without any motive is not a crime and accused is entitled to acquittal – Convict-appellant has not pre-planned and committed murders and caused injuries – But crime committed without any mens rea does not entitle to acquittal – Convict-appellant was seen in naked condition running and shouting like anything on main road – Temporary insanity is to be established and proved to seek reducing of penalty – Antecedents of appellant are clear and he has no criminal background – Even one Inspector of Police was attacked and killed but no attempt was made to determine why a normal person who had no bad antecedent attacked and killed five persons and injured two others behaving unusually with no motive or mens rea – Same reflects lacuna on part of investigation process and investigating officer – Death sentence of convict converted into life imprisonment till he breathes his last in jail without any benefit of remission. (Paras 40, 42, 44, 46, 47, 50 and 60)
Result: Appeal and Reference disposed of.
JUDGMENT
T. Amarnath Goud, J.—The appeal under Section 374 of Cr.P.C. and reference under Section 366 of Cr.P.C. arise out of common Judgment and Order of conviction and sentence dated 23.11.2022 passed in connection with ST(T-1)09 of 2022 by the learned Sessions Judge, Khowai, Tripura whereby the learned Court below convicted the appellant for the commission of offence under Section 307 of IPC and sentenced him to suffer R.I. for 10 years and to pay a fine of Rs.10,000/-, i.e. to suffer S.I. for 2 months and convicted under Section 302 of IPC and sentenced to death as per law. Learned Court below also passed an order to pay compensation of Rs.5,000/- each to the victims namely Smt. Mina Paul(Debroy) wife of the Convict and Karnabir Das. The conviction and sentence are challenged by the accused. In view of capital punishment, a reference for confirmation of the death penalty is also placed for our consideration.
2. The brief fact of this case is that on 26.11.2021 at about 11.00 p.m. the brother of the informant namely, Sri Pradip Debroy went to sleep after dinner. After that all of a sudden, the informant and other inmates of the house including his elder brother Amalesh Debroy heard a cry coming from the room of Pradip Debroy. Immediately they rushed to the room of Sri Pradip Debroy and told him to open the door but he did not. Then they broke the door of the veranda and went near the door of the room. When they peeped through an opening of the door, they saw the dead body of Aditi, the younger daughter of Pradip lying on the ground. They also noticed that Pradip was attacking his elder daughter and his wife with a big crowbar. After a while, he opened the door and chased the informant and others to kill. The informant Raju Debroy and his mother and others could manage to save themselves but the elder brother of the informant namely, Amalesh could not run away. Amalesh was killed by Pradip with a crowbar infront of the room of Amrit Debroy who was the uncle of the informant. When their uncle tried to resist, he was also attacked. After that, on hearing the sound of a vehicle he became naked and started running with the crowbar along the Bir Chowmohoni road. At that time, the vehicle of police came and when it stopped in front of the house of the Pradhan, Pradip attacked one police with a crowbar and also attacked the vehicle of the police. He also chased police and went along Bir Chowmhoni road. He attacked one Autorickshaw and also attacked one Krishna Das and his son Karnabir Das. Subsequently, the informant learned that the injured police officer succumbed to his injuries at GBP hospital. It is also learned by the informant that the injured Krishna Das was declared brought dead at Khowai Hospital. Karnabir Das, the son of Krishna Das and Smt. Mina Paul (Debroy), the wife of Pradip Debroy suffered serious injuries and were shifted to GBP Hospital. It is further alleged that Pradip killed his elder daughter Mandira. The informant came to know that the name of the police officer who died was Inspector Satyajit Mallik. Hence the FIR was lodged by Raju Debroy against his brother Pradip Debroy.
3. On 27.11.2021 at 06.31 hours on receipt of the ejahar from Raju Debroy, the brother of accused Pradip Debroy, a case was registered being KHW PS case No.108/2021, u/s. 302/307/326/333/353/427 of IPC.
4. The case was endorsed to S.I. Lalzuithara Darlong for investigation. During the investigation, he visited the place of occurrence (in short ‘PO’), prepared four separate hand sketch maps with separate indexes, seized the concerned alamats by preparing seizure lists, collected SFSL reports, collected the medical examination reports and injury reports, also collected the PM examination reports, recorded the statements of the witnesses under Section 161 of CrPC. Thereafter, the case was re-endorsed to SDPO, Rajib Sutradhar for further investigation of this case. During the investigation, he recorded the statements of some witnesses under
