2010 Supreme(Gau) 227
IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
Iqbal Ahmed Ansari and C.R. Sarma, JJ.
Smt. Runa Nath alias Rina Nath - Appellants
Vs.
State of Tripura - Respondent
Cr. Appeal (J) No. 96 of 2007
Decided On : 26.03.2010
For Appellant/Petitioner/Plaintiff: N. Guha, Adv.
For Respondents/Defendant: R.C. Debnath, Special PP
Headnote:
Indian Penal Code, 1860 - Section 114 , 120B , 302 and 201 - Code of Criminal Procedure, 1973 - Section 313 - Offence of murder - Criminal conspiracy - Charge-sheet - Appeal against conviction - According to PW 1, she was further informed byfather-in-law of deceased that at time of killing deceased present appellant had taken child of deceased to house - Having come to know about killing of deceased, PW 1 informed whereupon (PW 4) and others lodged a written information (Ext. 6) with in-charge, Kadamtala outpost, indicating therein that was missing from her house for last 7/8 days and that her whereabouts were not known - During investigation, Investigating Officer could notice an abandoned well near South western side boundary of house of appellant - As he found foul smell emitting from well a search was made and on dead body of the said deceased was recovered from said well in presence of witnesses and an Executive Magistrate (PW 18) - After recovery of dead body from well, police prepared an inquest report a sketch map of place of occurrence seized a dao measuring about twenty inches, one iron rod measuring about 3 cubits from house on same being shown - Learned trial Judge framed a charge against accused - Separate charges were framed against other five accused persons for committing offences - Learned Additional Sessions Judge also framed a separate charge against all accused persons except – Held, prosecution failed to adduce any reliable evidence to show that she had left her home with minor with an object to facilitate killing - In view of absence of evidence to indicate that appellant had left her house prior to killing of deceased as a consequence to conspiracy to kill deceased mere suspicion that she had spent night with her grand daughter in house of PW 13, with a view to facilitate the commission of alleged offence(s) cannot be sufficient to hold that she had done so after entering into a conspiracy with her sons to kill deceased - In absence of sufficient, cogent and reliable evidence in this regard no definite conclusion can be reached that appellant had spent night in house of PW 13, along with her grand daughter, pursuant to any criminal conspiracy - Question, raised in this case was whether spending of night by appellant, along with her grand- daughter in house of PW 13 was an independent act or it was an act related to commission of the murder of said deceased - There is no evidence of physical manifestation of agreement or communication between accused-appellant and murderers of the said deceased - emerging circumstantial evidence that appellant had spent fateful night along with her said grand daughter in house of PW 13, does not inspire confidence to conclusively hold to exclusion of any other hypothesis relating to her innocence that appellant had conspired with her sons to kill said deceased and that she had taken away her said grand daughter to facilitate execution of said conspiracy of killing said deceased - Appeal allowed.
C.R. Sarma, J.
1. By judgment and order, dated 10.5.2007, passed in Sessions case No. S.T. 34 (NT/D) of 2006, the learned Additional Sessions Judge, North Tripura, Dharmanagar, has convicted the appellant, Smt. Runa Nath alias Rina Nath, under Section 120B of Indian Penal Code and sentenced her to suffer imprisonment for life. By the said judgment and order, the learned trial Judge has also convicted another accused, namely, Sri Kebal Nath, son of the present appellant, under Sections302 and 201, IPC. The appellant's son, Kebal Nath, has not, however, preferred any appeal against his conviction and the sentence passed against him. This appeal would, therefore, remain confined to the present appellant's conviction under Section 120B, IPC and the sentence of imprisonment for life, which has been passed against her.
2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows :
Smt. Sabita Nath alias Jonali Thakuria (hereinafter referred to as 'the deceased') was the wife of the appellant's son, Subal Nath, Subal Nath, being a driver, by profession, used to stay away from his house leaving his said wife, in his parents' house, at Barashol, under the Kadamtala police outpost. The said couple had two daughters, one aged about three and the other one aged about one-and-a-half-years. The deceased went missing from 27.5.2003. On 2.6.2003, Smt, Kalpana Nath (PW 1), a neighbour of the deceased, was told by the appellant that her sons, namely, Mithu, Surajit and Kebal had killed her said daughter-in-law, Sabita Nath. Sri Satyabrata Nath, father-in-law of the said deceased, too told PW 1 that the deceased was killed by giving pressure on her throat with an iron rod and that the dead body was thrown to a kachha well after severing her throat with a dao. According to PW 1, she was further informed by Sri Satyabrata Nath, father-in-law of the deceased, that at the time of killing the deceased, the present appellant, Ranu Nath, had taken the child of the deceased to the house of Smt. Sonamani Nama (PW 13). Having come to know about the killing of the deceased, PW 1 informed Smt. Bijita Nath (PW 4), whereupon Smt. Bijita Nam (PW 4) and others lodged a written information (Ext. 6) with the in-charge, Kadamtala outpost, indicating therein that Smt. Sabita Nath was missing from her house for the last 7/8 days and that her whereabouts were not known. The information, so lodged (Ext. 6) gave no indication that the appellant's daughter-in-law, Sabita Nath, had been done to death. On receipt of the said information, Police made a GD entry on 3.6.2003 and launched investigation into the matter. During the investigation, the Investigating Officer could notice an abandoned well near the South western side boundary of the house of the appellant. As he found foul smell emitting from the well, a search was made and, on 4.6.2003, the dead body of the said deceased was recovered from the said well in presence of the witnesses and an Executive Magistrate (PW 18). After recovery of the dead body from the well, police prepared an inquest report, a sketch map of the place of occurrence, seized a dao measuring about twenty inches, one iron rod measuring about 3 cubits, from the house of Sri Kebal Nath on the same being shown by Sri Kebal Nath. On completion of the investigation, police submitted charge-sheet against the appellant and five others, namely, Sri Lalit Mohan Nath, Sri Mithu Nath, Sri Satyabrata Nath, Sri Kebal Nath and Sri Surajit Nath (who was shown as absconder) for the offences under Sections 302/201/120B/34, IPC.
3. The learned trial Judge framed a charge under Section 302 read with 34, IPC against accused Kebal Nath. Separate charges were framed against the other five accused persons, namely, Smt. Runa alias Rita Nath (i.e., the present appellant), Sri Lalit Mohan Nath, Sri Mithu Nath, Sri Satyabrata Nath and Sri Surajit Nath for committing offences under Sections 120B and 201, IPC. The learned Additional Sess