Point of Law: merely a witness is closely related to a victim of crime does not ipso facto makes him an interested witness.

JUDGMENT :

ARINDAM LODH, J.

1. The present appeal is directed against the judgment and order of conviction and sentence dated 04.01.2021, passed by learned Addl. Sessions Judge, West Tripura, Agartala in connection with ST (T-I) 38 of 2015, whereby and whereunder the appellants were convicted and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 25,000/- each with default stipulation for committing offence punishable under Section 302 of the Indian Penal Code.

2. Shortly stated, the prosecution case was set on motion on the basis of the written complaint lodged by one Abdul Rahim (hereinafter referred to as ‘informant’) against the accused persons, namely: (i) Md. Helal Miah, (ii) Md. Khurshed Miah, (iii) Md. Murshed Miah, (iv) Sheikh Mujibur Khan, (v) Md. Rashid Miah, (vi) Md. Sajal Miah, (vii) Md. Iqbal Miah, (viii) Sheikh Rabi Khan, (ix) Md. Dulal Miah, (x) Mst. Jarina Begam, (xi) Mst. Hafija Khatoon, (xii) Md. Mirjan Miah and (xiii) Md. Rafique Miah. It is stated, inter alia that on 27.09.2013 at about 7.30 p.m. one Shahjahan Miah (herein-after referred to as ‘deceased’) nephew of the informant went to the shop of accused Khurshid Miah for purchasing certain articles. At that time, all the accused persons armed with lathi (stick), iron rod, etc. made a preplanned attack upon the deceased and assaulted him by making blows indiscriminately causing serious bleeding injuries on various parts of his body including head, and as a result, the deceased lost his sense at the spot. Deceased was, thereafter rescued by his brother Rabiul Alam accompanied with other local people and brought him to local hospital for treatment. Initially, the deceased was referred to ILS Hospital wherefrom he was taken to Apollo Hospital, Kolkata for better treatment. During treatment in the hospital at Kolkata the deceased succumbed to his injuries on 01.10.2013.

3. The said written complaint lodged on 27.09.2013 had led the Officer-In-Charge, West Agartala Police Station to register a specific case vide West Agartala P.S. Case No. 305/2013 under Sections 341/325/34 of IPC. Investigation was carried on initially by SI Adhar Debbarma (herein-after referred to as the 1st IO) and subsequently the investigation was entrusted to Inspector Milan Ch. Dutta (herein-after referred to as the 2nd IO). On conclusion of investigation, charge-sheet was submitted under Sections 341/302/34 of IPC against all the above named accused persons.

4. During investigation, the 1st IO had visited the place of occurrence, prepared hand-sketch map of the place of occurrence with separate index. He also examined the witnesses, namely Abdul Rahim, Gobinda Das and Hasina Begam. The 1st IO also had seized the alleged broom, a piece of stone (commonly called ‘Puta’ in local language which is used for mixing/making paste of various spices), a piece of wooden file, a piece of firewood measuring more than one cubit in length, a lathi (stick), one handle of spade measuring one and half cubits in length, one wooden lathi (stick) measuring one and half cubits in length and one iron rod measuring one and half cubits in length by way of preparing seizure list dated 28.09.2013. The 1st IO also arrested the accused Khurshid Miah and Jarina Begam on 02.10.2013. At this stage of investigation, the 1st IO having been transferred handed over the case docket to the Officer-In-Charge. The 2nd IO having started the investigation on 10.10.2013 had prepared separate hand-sketch map and index. He also examined and recorded the statements of some other witnesses. He also collected the medical documents from ILS Hospital and postmortem report and finally submitted charge-sheet.

5. On receipt of the charge-sheet, learned Chief Judicial Magistrate, West Tripura took cognizance of the offence and ultimately the case was committed to the Court of learned Sessions Judge, West Tripura wherefrom the case was transferred to the Court of learned Addl. Sessions Judge. At the commencement of