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2012 Supreme(Gau) 1283
IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
S.C. Das & S. Talapatra, JJ.
Sibu Das @ Bappa – Appellants
Vs.
State of Tripura – Respondent
Crl. Appeal No. 39 of 2008
Decided On: 27.11.2012
For Appellant/Petitioner/Plaintiff:Mr. R. Dutta, Advocate
For Respondents/Defendant:Mr. D. Sarkar, Advocate
Headnote:
Criminal Procedure Code,1973 - Section 374- Indian Penal Code,1860 - Sections 392, 302 and 201 - Guilty of charges - Order of conviction - Cognizance was taken on basis of police report and in due course after commitment of case learned Additional Sessions Judge framed charges against accused for committing offence punishable under Sections 392/302 and 201 Indian Penal Code of to which he pleaded not guilty and claimed to be tried - Accused appellant has submitted that instant case is based on evidence - Prosecution has failed to prove chain of yet court below while failed to appreciate the evidence on record in its right perspective arrived at a wrong and perverse finding and held the accused guilty of charges framed against him – He therefore prayed for setting aside judgment and order of conviction and sentence - Held, Apparently on a superficial reading of evidence on record suspicion may appear in mind that accused might be involved in commission of crime but on careful perusal of evidence as discussed above - It is abundantly clear that prosecution case is absolutely short of legal and acceptable evidence to prove charges framed against accused and the accused is therefore entitled to get benefit of doubt - It is settled law that suspicion whatever strong may be cannot take place of proof - Supreme Court in case of Public Prosecutor High Court of A.P. reported in has observed in a case of evidence that a strong suspicion no doubt exists against appellant but such suspicion cannot be basis of conviction going by the standard of proof required in a criminal case - Appeal accordingly disposed of.
S.C. Das
1. Vide judgment and order dated 15.12.2007, passed by learned Additional Sessions Judge, Dharmanagar, North Tripura, in Sessions Trial case No. 23(NT/D) 2007, the appellant named above, was found guilty of the charges framed against him under Sections 392, 302 and 201 of IPC. And vide order dated 17.12.2007, he was sentenced to suffer R.I. for 5 years and to pay a fine of Rs. 5000/- in default of payment to suffer further R.I. for 1 (one) year under Section 392 of IPC and also he was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- in default of payment to suffer further R.I. for 1 (one) year for commission of offence punishable under Section 302 of IPC and again to suffer imprisonment for 5 years and to pay a fine of Rs. 5000/- in default of payment to suffer further R.I. for 1 (one) year for commission of offence punishable under Section 201 of IPC and directed that the sentences shall run consecutively. Being aggrieved and dissatisfied with the judgment and order of conviction and sentence, this appeal is preferred by the convict appellant under Section 374 of Cr. P.C.
2. Heard learned counsel, Mr. R. Dutta for the appellant and learned P.P., Mr. D. Sarkar for the State respondent.
3. Facts, in short, so far noticed in the evidence and materials and record, summarized thus:-
3.1. Mainul Haque (deceased/victim), aged about 22/23 years, a resident of Alopur, P.S. Patharkandi, District Karimganj, Assam, was a driver by profession. He was engaged and was working as driver of Maruti Van vehicle No. AS11B-5586, belonged to Suhabuddin (P.W. 15). On 21.10.2006, the day of Kali-puja, at about 6 a.m. he took the vehicle from the house of the owner (P.W. 15) and went out for trip. He did not return on that day and on the following night. Ainul Haque (P.W. 14) brother of Mainul, went to the house of P.W. 15 to search for Mainul and thereafter both of them (Ainul and Suhabuddin), to find out where about of Mainul, went to Asimganj Motorstand at Kanaibazar and got information from Jafrul Haque (P.W. 16) that Mainul went towards Luaipua with trip of the vehicle. Since Mainul did not return, they lodged missing information with the police of Patharkandi P.S. on 22.10.2006.
3.2. On 26.10.2006 Bhula Halam, P.W. 21 (informant of the case) and some other villagers, found a dead body of an unknown person whose hands and legs were tied with a nylon rope, lying near a culvert and cremation ground at Bhalukcherra by the side of Tilthai-Damcherra road.
3.3. On the same day. Inspector, Hiralal Paul (P.W. 7), O.C. of Panisagar Police Station (for short, PNS PS), on receipt of a telephone call from O.C., Damcherra P.S. came to know about such abandoned dead body and he, at once, after making PNS PS G.D. entry No. 1347 dated 26.10.2006 along with S.I. M.L. Dey (P.W. 19) and staff left for spot and recovered the dead body of an unknown male person. On the spot, P.W. 21 Bhula Halam lodged a written FIR. O.C., PNS PS received the FIR and on the spot directed S.I. M.L. Dey (P.W. 19) to investigate the case. Accordingly, S.I. Dey (for short, I.O.) started investigation. He prepared inquest report over the dead body (Exbt. 5) in presence of witnesses and also seized the nylon rope (with which hands and legs of the dead body was found tied), pant, shirt and a waist belt of the deceased by preparing a seizure list (Exbt. 6) in presence of witnesses. He also forwarded the dead body to Panisagar Hospital for postmortem examination, with a dead body challan
Since the dead body was highly decomposed and nobody appeared to claim it, after postmortem examination, the body was: buried near Panisagar Hospital Morgue.
3.4. On 28.10.2006 at 05-25 hours, S.I. Sanjib Laskar of Dharmanagar P.S. (P.W. 8) in connection with Dharmanagar P.S. G.D. Entry No. 1403 dated 27.10.2006 and 1414 dated 28.10.2006 seized a steel colour Maruti Suzuki Van with a number plate TR02-A-0176 from the house complex of one Nishi Malakar, S/o. Narendra Malakar o
