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1996 Supreme(Online)(Gau) 1
GAUHATI HIGH COURT
A. K. Bhattacharyya, J
Bhusan Lal Das and Others v. State of Tripura
S.T. No. 29 (S.T.) / 89
For the Appellants/Petitioners: Mr. Kar Bhowmik
For the Respondents: Mr. S. Das
Murder conviction affirmed for primary assailant; lesser involvement of accomplices led to reduced sentence, emphasizing need for established common intention in culpability assessment.
Headnote:(A) Indian Penal Code - Sections 302 and 109 - Murder conviction - Appellant No. 1 convicted for murder with life imprisonment; appellants No. 2, 3, and 4 convicted under Section 302/109 with modified sentence of 5 years each - Evidence established that deceased was attacked by appellants with lethal weapons due to previous enmity related to a petty dispute - Medical evidence confirmed death due to stab wounds caused by appellant No. 1 - Common intention not established for appellants 2, 3, and 4 as they were merely holding the deceased during the attack - Original charge affirmed for appellant No. 1 with additional fine imposed. (Paras 1-45)
Facts of the case:
The incident occurred on 26-11-1987, when the deceased was attacked after a video show; the attack was premeditated due to previous quarrels.
Findings of Court:
The identity of assailants was corroborated by eyewitness accounts in the presence of electric light and by circumstantial evidence including recovered weapons and clothing.
Issues: Whether the appellants had a common intention to kill and if the premeditation was proved beyond reasonable doubt.
Ratio Decidendi: It was found that evidence showed appellant No. 1 inflicted fatal injuries, while others aided in the attack; hence a conviction under Section 326 was appropriate for the accomplices.
Result: Appeal dismissed; sentences modified for some appellants.
1. The appellant No. 1 Shri Bhusan Lal Das stands convicted under S.302, I.P.C. and sentenced to imprisonment for life. His other companion, namely, Appellant Nos. 2, 3 and 4 who were charged similarly with the aid of S.109 of I.P.C. were also convicted under S.302/109, I.P.C. and sentenced to imprisonment for life by the judgement dated 31st May, 1990 passed by the learned Sessions Judge, South Tripura in the case of S.T. N0.29 (S.T.) / 89. Through this appeal the appellants challenged the judgement and order of conviction of' the learned Sessions Judge, South. Tripura.
2. Adumbrated in brief, the facts of the prosecution case are that on the date of occurrence i.e. 26-11 - 1987 a Video shows was being exhibited in front of Rangamati Co - operative premises which is opposite to the house of Bibhisan Das, the father of the appellant No l intervened by Amarpur - Bampur road. At about 9/9.30 p.m. deceased Krishnanayan Das was going to witness the Video show along that road. But no sooner had he reached in fount of the house of Bibhisan Das, then all the accused - appellants, it was alleged, came out of the house of Bibhisan Das with lethal weapons in their hands and attacked the deceased on account of some previous enmity which cropped up a few months prior to the date of occurrence in connection with kindling of a bidi from the house of Bibhisan Das. It was further alleged that while the appellant Nos. 2, 3 and 4 caught held of the deceased the appellant No. 1 struck blows on the neck of the deceased by means of sharp cutting weapon causing severe bleeding injuries. The father of the deceased viz. Kishore Das (P.W. 1) was at that time having walk in front of his house which is at a short distance from the house of Bibhisan Das. The father of the deceased having seen the occurrence at once rushed to the scene of occurrence but within a few minutes of his arrival at the scene of occurrence deceased died. A few persons, however, rushed to the place of occurrence on hearing the cries but by that time all the appellants fled away with the incriminating weapons towards north.
3. However, one of those persons named Balai Das informed A.S.I. Shri Gopal Sarkar (P.W. 17), the Duty Officer of Birganj P.S. that one dead body, with bleeding injuries was lying at Amarpur - Bampur road near Rangamati Co - operative premises. A.S.I. Shri Sarkar entered the gist of the information in the G.D. book which was signed by the O/C, Shri Bijoy Kr. Nag and on the basis of this G. O. entry (No. 936. dated 26-11-1987, Ext. P.9), O/C, Shri Nag (P.W. 18) along with his staff went to the place of occurrence at about 11 p.m. and found the dead body of the deceased Krishnanayan Das lying on the road with bleeding injures. There he also got Kishore Das (P.W. 1) who lodged the ejahar to him. O/C recorded the ejahar and thereafter prepared the inquest report in presence of the witnesses. O/C. also seized the wearing apparels found on the person of the deceased, sent the dead body to Amarpur hospital for post mortem examination and recorded the statements of a few witnesses. Thereafter the O/C. returned to the P.S. and registered Birganj P. S. Case No. 3(11) / 87 under S.302/34 of I.P.C.
4. On the following day the O/C arrested the accused - appellants and consequent upon their statements he recovered one blood stained axe and some clothes from the houses of the accused - appellants at their instance and got those chemically examined. He also obtained postmortem examination report which showed that the deceased died because of the injuries found on him. In course of his investigation O/C also prepared a hand - sketch map of the place of occurrence, recorded the statements of a few more witnesses and thus after completing the investigation charge - sheeted all the accused - appellants for their prosecution under S.302 read with S.34 of I.P.C.
5. The case being exclusively triable by the Court of Session, the learned S.D.J.M. Amarpur committed the case to the Court of
