Premeditation and common intention in committing murder established through eyewitness testimony and forensic evidence, leading to upholding of life imprisonment sentence.

1. Heard Mr. Debraj Debbarma, learned counsel appearing for the convict - appellants as well as Mr. Sumit Debnath, learned Addl. P.P., appearing for the State - respondent.

2. This appeal is directed against the judgment of conviction and sentence dated 27.05.2017 passed by learned Sessions Judge, Dharmanagar, North Tripura in case No. S.T/T - 1/0000027/2015, whereby and where - under the appellants have been convicted under S.302/34 of IPC and sentenced them to suffer R.I. for life each which shall mean imprisonment for the remaining part of his / her natural life and to pay a fine of Rs.10,000/- each and in default to payment of fine, each has to further suffer R.I for another 1 year each for the said offence committed by them.

3. Prosecution case, as unfolded succinctly, is that one Biswajit Das had lodged a complaint with the Officer - in - Charge of Panisagar Police Station stating inter alia that on 20.10.2013, at around 11/11.30 o'clock night a quarrel was ensued between his two cousin brothers, namely, Debashis Das and Biprajit Das involving family matter. In view of that altercation, Debashis Das had killed Biprajit Das as well as his wife Gita Das by way of hacking with sharp weapon, namely, 'dao' and had kept those blood - soaked weapons of offence close to the bodies of the respective deceased in the court - yard of their house. The complainant, Biswajit Das along with some villagers could find the said smeared dead bodies and he came to learn that just after the incident, the accused - Debashis Das had fled away from his house.

4. Being endorsed, one Sub Inspector, namely, Sri Rupendra Debbarma(P.W. - 11) started investigation on that night itself, came to the place of occurrence, conducted inquest over the death bodies, recorded statements of the available witnesses, seized the wearing apparels of the deceased and the accused persons, also seized the weapon of offence namely 'dao', prepared the hand sketch map, sent the dead bodies for post - mortem examination at Panisagar CHC and arranged for recording of statement of Anjali Das, the 13 years old daughter of the deceased persons under S.164(5) of Cr.P.C. and also caused arrest to the accused - persons.

5. After completion of the investigation, the investigating officer submitted charge - sheet against the accused - persons, namely, Debashis Das and Smt. Khana Das under S.302 read with S.34 of IPC. The case being exclusively trialable by the Court of Sessions, the learned Judicial Magistrate, First Class, Dharmangar, North Tripura committed the case to the Court of learned Sessions Judge, North Tripura. On receipt of the case record, the learned Sessions Judge had framed charges against both the accused - persons, the appellants herein under S.302 read with S.34 of IPC. As many as 12 witnesses were examined to prove the charges and on closure of prosecution evidence, the accused - persons were examined under S.313 of Cr.P.C. wherein they denied the incriminatory materials found against them in course of trial and also declined to produce any defence witness from their side. It is found that the accused - persons did not raise any specific issue in their defence. It is a case of total denial of prosecution evidences.

6. After hearing the arguments of both the sides, the learned Trial Judge had formulated the following poin