The traumatic state of mind of informants and the reliability of eyewitness testimonies are crucial in determining the admissibility of FIR and the credibility of evidence.

Hrishikesh Roy, J.

1. Criminal Appeal No. 12 of 1999 is preferred by the two appellants challenging the judgment dated 23.2.1999 in ST (Wt/A) 20 of 1994 rendered by the learned Additional Sessions Judge, West Tripura, Agartala, whereby two accused-appellants have been convicted under Section 396 of the I.P.C. On the basis of the said conviction, the learned trial court has ordered seven years imprisonment and also a fine of Rs. 2,000/- and in default thereof to suffer further imprisonment for six months to the accused-appellants. Criminal Appeal No. 29 of 1999 is preferred by the State of Tripura against the very same judgment of the learned trial court seeking enhancement of sentence passed against the two accused convicted under Section 396 of the I.P.C.

On orders passed by this Court, the two appeals were taken up for hearing together.

2. The case arose out of an incident at 0030 hrs. (mid-night) on 25.4.1987, when a gang of criminals armed with deadly weapons raided the house of Haricharan Datta of village Gaj aria under Bishalgarh Police Station. Cash, gold ornaments, utensils etc. were looted by the miscreants and in the process three persons, namely Haricharan Datta and his two young sons, Anil Datta and Nikhil Datta were killed.

The O/C, Bishalgarh P.S. received information about the incident from one Sukhen Datta of Gaj aria village, who turned up at the police station at about 3.10 hrs. (night) of 25.11.1987 and reported the death of the aforesaid three persons by miscreants with sharp cutting weapons. However, the informant was not able to furnish any further details. Accordingly, the police made a GD Entry No. 1150 dated 25.4.1987, whereafter the police proceeded to Gajaria village for carrying out investigation of the case.

On arrival of the police at the place of occurrence one Sabita Datta (P.W. 1), wife of one of the deceased Nikhil Dutta, gave information to the police at 4.10. hrs. (night) of 25.4.1987 regarding the incident which took place in the village during the night. The information provided by Sabita Dutta was treated as the ejahar of the case and on the basis of the ejahar, Bishalgarh Police Station Case No. 26 (4) 87 under Section 396 I.P.C. was registered. The O/C took up the investigation himself and arranged for post mortem of the dead bodies of the three deceased and preparation of the inquest reports. Site map was prepared and certain articles were also seized from the place of occurrence. The statement of witnesses available were recorded under Section 161 Cr.P.C. In the raids conducted thereafter, certain accused persons were arrested, but accused Sankar Das could not be apprehended by the police and was treated as an absconder during the trial.

The successor of the I/O submitted charge sheet under Section 396 I.P.C. against accused Naresh Das, Shibcharan Das, Kalipada Das, Bibhutibhusan Das and Sankar Das by showing Sankar as an absconder.

The learned Chief Judicial Magistrate, West Tripura District, Agartala took cognizance of the offence under Section 396 I.P.C. and made on effort for securing the attendance of accused Sankar Das, but the said effort failed. Since the case was exclusively triable by the court of sessions, it was committed to the learned Sessions Judge, West Tripura, before whom accused Naresh Das, Shibcharan Das, Kalipada Das and Bibhutibhusan Das appeared and were eventually enlarged on bail.

On charge being framed against the four accused persons under Section 396 of the I.P.C. the accused pleaded not guilty and claimed to be tried. Accordingly, case was transferred to the Court of the learned Additional Sessions Judge, West Tripura Agartala for trial.

3. The prosecution in order to prove their case introduced 18 witnesses and the defence also produced 7 witnesses to prove their plea of innocence .

4. The learned trial court after consideration of the evidences adduced on behalf of the prosecution and the defence gave a finding that murder of three persons was committed du