Back
2008 Supreme(Gau) 173
IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
R.B. Misra & H. Baruah, JJ.
Dayaljoy Tripura and another – Appellants
Vs.
State of Tripura – Respondent
Criminal Appeal No. 21(J) of 2006
Decided On: 28.02.2008
For Appellant/Plaintiff:Arun Chandra Bhowmik, D.C. Roy and M.K. Roy, Advocates
For Respondents/Defendant:Abhijit Ghosh, Advocate
Headnote:
Indian Penal Code - Section 148, 302 read with Section 149 – Arms Act - Sections 25(1)(a)/27(3) - Murder – Injury – Acquitted - It was argued by him that learned trial court failed to scan their evidence in proper perspective in context of involvement and recognition of appellants and thus arrived at erroneous finding - Had their evidence been carefully marshaled by learned trial Judge it was argued no conviction could have been warranted – Held, This witnesses in cross-examination specifically stated that he enquired with his brother sister-in-law and mother regarding incident and thereafter rushed to Police Station. So from composite reading of evidence of it has become apparent that there was a discussion in between three regarding occurrence where identity of both appellants cropped up - But interestingly FIR lodged by son names of appellants do not find place - In it is specifically stated that a group of miscreants of six to seven persons dressed in army uniform with weapons dragged his father unto gate while he opened the door after calling and shot him dead - Miscreants are unknown learned Counsel for appellants submitted that identity/recognition of appellants as alleged by in her evidence is shrouded with doubt since FIR does not disclose their names - Having considered facts and circumstances and evidence on record court are of view that a reasonable doubt creeps in regard to involvement of both appellants in commission of crime – Appeal allowed
H. Baruah, J.
1. Appellants Dayaljoy Tripura and Bagirai Reang were tried by the learned Additional Sessions Judge, Kamalpur, North Tripura along with three other accused, namely, Buddhijoy Tripura, Barnajoy Reang and Garamjoy Reang under Section 148, 302 read with Section 149, IPC and under Sections 25(1)(a)/27(3) of the Arms Act. Learned Additional Sessions Judge, Kamalpur, North Tripura at the conclusion of the trial convicted both the appellants Dayaljoy Tripura and Bagirai Reang under Sections 148, 302 read with Section 149 of the IPC, and under Section 27(1) of the Arms Act and sentenced both the appellants for life under Section 302, IPC with fine of Rs. 2,000 each, in default of payment of fine both the appellants to suffer simple imprisonment for one year. Appellants were also convicted and sentenced to suffer three years imprisonment under Section 27(1) of the Arms Act. It is ordered that both the sentences will run concurrently and period of detention in custody during trial shall be set off from the period of sentence.
2. Dissatisfied with the impugned judgment and order of conviction and sentence, both the appellants filed this present appeal challenging its legality and correctness.
3. Before entering into the merit of this present appeal, it would perhaps be appropriate for this Court to project the case of the prosecution in a nutshell for better appreciation and understanding. Deceased, Ananda Mohan Roaja, who was a sitting MLA of Gandacherra constituency and chairman of the Block Advisory Committee, Damburnagar as well. The occurrence took place on the 18th day of October 1998 at about 20.30 hrs. On the relevant time of the fateful night, the deceased along with his wife Smt. Daya Rani Roaja (PW1) were enjoying Radio sitting at their bedroom after dinner and at that time a boy from outside called the deceased in "Kakbarak" language and requested him to open the door. Deceased asked the boy from inside to come on the following morning but the boy insisted that he had some urgent business with him. As soon as the deceased opened the door, all on a sudden, a group of persons numbering 10/12 being armed with fire arms caught hold of the deceased and forcibly dragged him towards the gate and gunned him down there at. The wife (PW1) cried for help. Neighbouring people including their son (PW16) and the daughter-in-law (PW2) assembled. The son, Gaganjoy Tripura (PW16) lodged the FIR (exhibit-9) with the Station House Officer (S.H.O), of Gandacherra Police Station, which had been registered as Gandacherra P.S. Case No. 20 of 1998 under Sections 148/149/302, IPC and 27 of the Arms Act read with Section 10/13 of the Unlawful Activities (Prevention) Act. Police commenced the investigation accordingly. Police visited the place of occurrence and conducted inquest on the dead body of the deceased and prepared an inquest report (exhibit-7) and sent the dead body for post mortem examination. During visit Police also seized two Nos. of empty cartridges of A.K., series rifle from the vicinity of the place of occurrence vide, (exhibit-2), seizure memo; two numbers of empty cartridges from the place of occurrence and one 9 mm bullet (live) vide (exhibit-3). The Investigating Officer also examined the witnesses under the provisions of Section 161 of the Cr. PC and prepared the sketch map (exhibit-8) of the place of occurrence with index. On 2.11.1998, appellant Dayaljoy Tripura was arrested from his residence while appellant Bagirai Reang was arrested on 28.11.1998. Having received an information on 7.11.1999 that accused Buddbijoy Tripura was also involved in the killing, he was shown as arrested. After completion of the investigation, the Investigating Agency laid the charge sheet on 23.1.2000 against Bagirai Reang and Dayaljoy Tripura, both the appellants along with Barnajoy Reang, Buddhijoy Tripura, Atharababu Halam, Garamjoy Reang, Daharam Reang, Goshiram Reang and Doshiram Reang showing as absconders. After lodgment of
