HIGH COURT OF TRIPURA

A_G_A_R_T_A_L_A

Crl. A(J) No. 11 of 2021

Sri Rupam Das @ Rupan, son of Sri Gopal Das, village-East Dukli, P.S.

East Agartala, District: West Tripura, PIN-799003.

…..Appellant -V E R S U S-

The State of Tripura.

….. Respondent.

B_E_F_O_R_E

HON’BLE JUSTICE DR. T. AMARNATH GOUD

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

For Appellant(s) : Mr. S. Kar Bhowmik, Sr. Advocate.

Mr. A. Bhattacharjee, Advocate.

Mr. N. Das, Advocate.

For Respondent(s) : Mr. R. Saha, Addl. P.P.

Date of hearing : 10.12.2025

Date of delivery of

judgment and order : 06.01.2026

Whether fit for reporting : YES

JUDGMENT & ORDER

[Dr. T. Amarnath Goud, J]

Heard Mr. S. Kar Bhowmik, learned senior counsel assisted by

Mr. A. Bhattacharjee, learned counsel appearing for the appellant also heard

Mr. R. Saha, learned Addl. P.P. appearing for the respondent-State.

[2] This is an appeal filed under Section-374 of Cr. P.C. against the judgment and order dated 09.01.2019 passed by the learned Addl. Sessions Judge, West Tripura, Agartala in case No. ST (T-I) 55 of 2016 convicting the appellant under Section-302 of IPC and sentenced him to suffer RI for life and to pay a fine of Rs.25,000/- and in default, to suffer SI for further one year. Further, convicted the appellant under Section-392 of IPC and sentenced to suffer RI for 10 years and to pay a fine of Rs.10,000/-, in default to suffer SI for further six months. More so, the appellant was

convicted under Section-201 of IPC and sentenced to suffer RI for one year and to pay a fine of Rs.5,000/- with default stipulations.

[3] The miniaturized version of the prosecution in short is that on 09.02.2016 at about 1330 hours one Sabita Ghosh, W/O- Radha Mohan Ghosh aged 55 years of East Dukli under PS East Agartala, West Tripura laid an FIR to O/C MG Bazar TOP, which was reduced into writing by O/C MG bazar TOP himself, alleging inter alia that on that day at about 9 am the informant was present at her residence when she could know through whispering that one Smt. Gouri Chakraborty, W/O- Dulal Chakraborty of that area has committed unnatural death. Knowing the fact the informant immediately rushed to the residence of Dulal Chakraborty and found the dead body of said Gouri Chakraborty was lying on the floor with bleeding injury on her person. The informant could perceive that somebody has committed murder of said Gouri Chakraborty. Later on police came and started investigation along with dog squad and started thorough searching of that area and in course of searching on the northern side of rubber garden on the northern western side of the pond found some sign of fresh blood.

[4] That time police asked one Kajal Banik to search the pond after getting down on the pond. In course of search by Kajal Banik the dead body of the son of said Gouri Chakraborty namely, Debabrata Chakraborty was found with deep neck cut injury on his person. Seeing the dead body of Debabrata Chakraborty, the informant and the others could perceive that on the earlier day night somebody with preplan have committed murder of said Debbabrata Chakraborty and his mother with sharp cutting weapons. Hence, the informant laid the FIR. As I have already stated the ejahar of the informant was scribed by OC MG Bazar TOP himself and after receipt of the same necessary entry was made in the GD Entry book and the same was forwarded to O/C East Agartala PS and accordingly, O/C East Agartala PS registered East Agartala PS case No. 09 of 2016 under Sections-302/201 of IPC and the OC himself took up the investigation of this case as an I.O.

[5] During investigation the IO caused arrest of accused Rupam Das and Prasenjit Paul and forwarded them before the Court, arranged for conducting inquest over the dead body of the deceased Gouri Chakraborty and Debabrata Chakraborty, visited PO and prepared hand sketch maps of the PO with separate indexes (in total ten sheets), seized 7 number blue colour Hawai Chappal from the pond of one Pradip Sarkar at East Dukli, seized some blood staine