Conviction based on circumstantial evidence requires a clear chain of proof that excludes the possibility of innocence; mere suspicion is insufficient for legal conviction.

1. All these appeals, being Cri.A.(J) No.48 of 2016 [Prantosh Das and Anr. v. State of Tripura], Cri.A.(J) No.60 of 2016 [Abu Sayed Miah and Anr. v. State of Tripura] and Cri.A.(J) No.61 of 2016[Jagadish Rabi Das alias Bhaiya v. State of Tripura], arise from the judgment and order dated 24.08.2016 delivered in Sessions Trial (Type - I) 86 of 2014 by the Additional Sessions Judge, West Tripura, Agartala, Court No.2.

By the said judgment, the appellants in Cri.A.(J) No.48 of 2016, namely Prantosh Das and Nihar Ranjan Roy alias Powder Raju, the appellants in Cri.A.(J) No.60 of 2016, namely Abu Sayed Miah and Yasin Miah and the appellant in Cri.A.(J) No.61 of 2016, namely Jagadish Rabi Das alias Bhaiya, have been convicted under S.120 - B, 302 read with S.149 of the IPC. Each of them has been sentenced to suffer rigorous imprisonment for life and to pay fine of `20,000/-, in default to suffer further SI for one year for their commission of offence punishable under S.302 read with S.149 of the IPC. Further, each of the appellants, to reiterate, have been sentenced to suffer rigorous imprisonment for life for their commission of offence punishable under S.120 - B of the IPC. However, it has been observed that the sentences shall run concurrently.

2. Genesis of the prosecution is rooted in the written ejahar (Exbt.1) filed by one Runu Dey (PW1) disclosing that on 09.11.2013 at about 10.30 p.m. he had received information that "something had happened to Dilip Ghosh". He had rushed to his house. On the way to the house of Dilip Ghosh he got further information that Dilip Ghosh was lying on Ramnagar Road No.9. He then rushed to Ramnagar Road No.9 and found Dilip Ghosh lying in the bleeding state in the drain on the right side of the road near the AMC office. One motorcycle was lying on the same side. There was a big crowd. The police was also present there. He came to learn that one Arghya Deb(Abhi) of Ramnagar Road No.10 was the owner of the motor bike. He further came to know that said Arghya Deb(Abhi) was driving the bike. He came to know from the local people who gathered there that one moss - coloured Alto vehicle thrashed Dilip Ghosh, stabbed and fired shots. It has been disclosed in the said written ejahar that there was a long - standing conflict between Abu Sayed Maih and Dilip Ghosh as regards, the tender of the AMC. He had expressed his apprehension that, that may be the reason of killing Dilip Ghosh in the preplanned manner. After the occurrence, the said vehicle fled away.

3. Based on the said ejahar, West Agartala P.S. Case No.346 of 2013 was registered under S.302/34 of the IPC and was taken up for investigation. On completion of the investigation, the charge sheet was filed against the six persons out of the FIR named accused persons. One Md. Basir Miah was not sent for trial as during the investigation no incriminating material could be gathered against him. Against the persons, namely Abu Sayed Miah alias Sayed Miah, Dipak Miah, Jagadish Rabidas alais Bhaiya, Yasin Miah, Prantosh Das and Subrata Ghosh, the charge was framed under S.302 read with S.149 of the IPC, but the accused persons refuted the charge and claimed to be tried.

It is to be mentioned here that since the case was exclusively triable by the court of the Sessions Judge, the police papers were committed to the court of the Sessions Judge, West Tripura, Agartala, who in turn transferred the case to the court of the Additional Sessions Jud