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2025 Supreme(Tri) 72
HIGH COURT OF TRIPURA, AGARTALA
T. AMARNATH GOUD, BISWAJIT PALIT, JJ.
Sri Ratan Debnath, S/o. Lt. Debendra Debnath – Applicant
Versus
The State of Tripura – Respondent
CRL. A.(J) No.7 of 2024
Decided On : 11-03-2025
Advocates Appeared :
For the Appellants : Mr. Sankar Bhattacharjee, Adv.
For the Respondent : Mr. Raju Datta, P.P.
Mr. Sankar Bhattacharjee, Adv., Mr. Raju Datta, P.P.
The court affirmed the conviction for murder based on credible evidence despite contradictions, establishing the appellant's guilt beyond a reasonable doubt.
Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 324 - Conviction for murder and causing hurt - Appellant found guilty of murdering Pratima Debnath with an axe and injuring his son - Sentenced to life imprisonment and fine - Sentences to run concurrently. (Paras 1, 31)
(B) Evidence - Appreciation of evidence - The trial court properly evaluated the evidence despite contradictions, finding direct involvement of the appellant in the crime. (Paras 30, 31)
Facts of the case:
The appellant, Ratan Debnath, was convicted for murdering his wife, Pratima Debnath, on 15.04.2021, using an axe in their kitchen, resulting in her death. The incident occurred in the presence of their children, who also suffered injuries while attempting to intervene. (Paras 1, 5)
Findings of Court:
The court upheld the conviction based on the evidence of multiple witnesses, including family members, and forensic reports confirming the cause of death as homicide. (Paras 31, 32)
Issues: The main issues were whether the evidence presented was sufficient to uphold the conviction and whether the trial court properly appreciated the evidence despite contradictions. (Paras 30, 31)
Ratio Decidendi: The court ruled that the evidence, despite some contradictions, was credible and sufficient to establish the appellant's guilt beyond a reasonable doubt, affirming the trial court's findings. (Paras 31, 32)
Result: Appeal dismissed; conviction and sentence upheld.
JUDGMENT :
This appeal is preferred challenging the judgment and order of conviction and sentence dated 21.01.2023 delivered by Learned Additional Sessions Judge, West Tripura, Agartala(Court No.2) in connection with case No.ST(Type-1) 115 of 2021. By the said judgment and order of conviction and sentence, Learned Counsel has found the appellant to be guilty for the offence punishable under Section 302 and 324 of IPC and sentenced the convict Ratan Debnath to suffer RI for life for the offence punishable under Section 302 of IPC and to pay fine of Rs.10,000/- in default to suffer SI for 6(six) months and he was further sentenced to suffer RI for 2(two) years for the offence punishable under Section 324 of IPC and it was ordered that both the sentences shall run concurrently.
2. Heard Learned Counsel for the appellant, Mr. Sankar Bhattacharjee appearing on behalf of the appellant and also heard Learned P.P., Mr. Raju Datta for the State-respondent.
3. Taking part in the hearing, Learned Counsel for the appellant, Mr. Sankar Bhattacharjee first of all drawn the attention of the Court that the appellant has challenged the judgment and order of conviction and sentence delivered by the Learned Additional Sessions Judge, West Tripura, Agartala but the Learned Additional Sessions Judge at the time of delivery of the judgment failed to appreciate the evidence on record properly in absence of material evidence on record and found the appellant to be guilty and it is further submitted that there is sufficient materials in this case to acquit the appellant from the charge of this case. It is further submitted that the evidences of the prosecution witnesses could not be appreciated properly and furthermore, there is lacuna in the evidence on record of the prosecution and as such, the judgment and order of conviction and sentence is to liable to be interfered with and urged for allowing this appeal by setting aside the judgment and order of conviction and sentence.
4. On the other hand, Learned P.P., Mr. Raju Datta appearing on behalf of the State-respondent submitted that in this case, based on the evidence on record of the prosecution Learned Trial Court below rightly found the appellant to be guilty and convicted him accordingly and there is no merit in the appeal and furthermore, from the evidence on record, it appears that there is direct allegation against the appellant showing his involvement with the offences, as alleged and as such, according to Learned P.P. there is no merit in the appeal and urged for setting aside the appeal and by upholding the order of conviction and sentence delivered by the Learned Trial Court below.
5. In the case at hand, the prosecution was set into motion on the basis of an FIR laid by the informant Keshab Bhowmik to O/C Ranirbazar PS alleging inter alia that on 15.04.2021 in the morning at about 8:30 am his daughter Pratima Debnath was murdered by her husband namely Ratan Debnath in his own kitchen by making blows with an axe. Immediately Pratima Debnath was brought to GBP Hospital where the attending doctor declared her as dead. He further stated that at the time of occurrence both the sons of victim got injured by Ratan Debnath while serving their mother. It was also stated that on several occasions earlier the accused-appellant used to commit such kind of assault upon the victim but they somehow managed to escape and save themselves. It was further mentioned that on several occasions he used to consume alcohol but sometimes the people of this area used to tell him as mad. In the FIR, it was further mentioned that about 15-16 years back, said accused Ratan Debnath had killed another person Nitai Chandra Debnath of Belmura in similar manner by hitting him on his head with a stone at Ranicherra of Nabadwip in West Bengal when he went to West Bengal as pilgrim. Hence, he laid the FIR.
On receipt of FIR, O/C Ranirbazar PS registered Ranirbazar P.S. case NO.2021RNB026 under Section 302/325 of IPC and the case w
