Tripura High Court
Sri Ratan Debnath vs The State Of Tripura on 11 March, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
CRL. A.(J) No.7 of 2024
Sri Ratan Debnath
S/O. Lt. Debendra Debnath
R/O- Tolakona, Nagicherra
P.S- Ranirbazar, West Tripura
(Now undergoing imprisonment at Kendriya Sansodhanagar, Bishalgarh,
Sepahijala)
....Appellant.
Versus
The State of Tripura
.......Respondent.
For Appellant(s) : Mr. Sankar Bhattacharjee, Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
Date of hearing
& delivery of
Judgment & Order : 11.03.2025
Whether fit for
reporting : NO
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order(Oral)
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
was endorsed to IO. The IO during investigation did all the formalities
and finally, on completion of investigation, the IO laid charge-sheet
against the present appellant-accused. On commitment, the Learned
Trial Court i.e. Additional Sessions Judge, West Tripura, Agartala(Court
No.2) framed charge against the appellant under Section 302/324 of
IPC and the same was explained to him orally in Bengali to which he
pleaded not guilty and claimed to be tried. Hence the trial commenced.
6. During trial, to substantiate the charge prosecution has
adduced in total 23 nos. of witnesses and the prosecution also tendered
and relied upon some documents which were marked as Exhibits in this
case.
Name of the witnesses of the prosecution:
i) PW-1: Smti. Kalpana Debnath
ii) PW-2: Shri Manik Debnath
iii) PW-3: Shri Uttam Saha
iv) PW-4: Shri Nepal Debnath
v) PW-5: Smti. Swapna Sarkar
vi) PW-6: Smti. Payel Debnath
vii) PW-7: WASI Hemalata Debbarma
viii) PW-8: Constable Tapash Debbarma
ix) PW-9: Shri Tapan Debnath
x) PW-10: Shri Amulya Bhowmik
xi) PW-11: Dr. Pradipta Narayan Chakraborty
xii) PW-12: Dr. Juthika Debbarma
xiii) PW-13: Constable Monoranjan Das
xiv) PW-14: Constable Litan Dutta
xv) PW-15: Shri Keshab Bhowmik
xvi) PW-16: Smti. Rupali Majumder
xvii) PW-17: Shri Nani Gopal Debnath
xviii) PW-18: Shri Santa Debnath
xix) PW-19: Shri Babul Sarkar
xx) PW-20: Dr. Abhijit Acherjee
xxi) PW-21: SDPO Suman Majumder
xxii) PW-22: DSP Soumen Das
xxiii) PW-23: SI Mithun Saha
Exhibits of the prosecution:
i) Exhibit-1: Seizure list dated 16-04-2021 at
1505 hours,
ii) Exhibit- 1/1: Signature of PW-4 in the seizure
list dated 16-04-2021 at 1505 hours,
iii) Exhibit-1/2: Signature of PW-17 in the
seizure list dated 16-04-2021 at 1505 hours,
iv) Exhibit-1/3: Signature of PW-18 in the
seizure list dated 16-04-2021 at 1505 hours,
v) Exhibit-1/4: Signature of PW-23 in the
seizure list dated 16-04-2021 at 1505 hours,
vi) Exhibit-2: Surathal report,
vii) Exhibit-2/1: Signature of PW-7 in the
surathal report,
viii) Exhibit-2/2: Signature of PW-8 in the
surathal report,
ix) Exhibit-2/3: Signature of PW-9 in the
surathal report,
x) Exhibit-3/1: Signature of PW-7 in the dead
body challan,
xi) Exhibit-4: Seizure list dated 15-04-2021 at
1625 hours,
xii) Exhibit-4/1: Signature of PW-7 in the seizure
list dated 15-04-2021 at 1625 hours,
xiii) Exhibit-4/2: Signature of PW-8 in the seizure
list dated 15-04-2021 at 1625 hours,
xiv) Exhibit-5: Acknowledgement receipt
regarding receive of dead body,
xv) Exhibit-6: Written complaint (FIR),
xvi) Exhibit-6/1: Signature of PW- 10 in the
written complaint as scribe,
xvii) Exhibit-6/2: Signature of PW- 15,
complainant of this case in the written
complaint,
xviii) Exhibit-6/3: Endorsement as to registration
of the case along with seal and signature of
PW- 22 at the bottom of written complaint,
xix) Exhibit-7: Post mortem examination report
over the dead body of Pratima Debnath,
xx) Exhibit-7/1: Signature of PW-11 in the post
mortem report,
xxi) Exhibit-7/2: Signature of PW-12 in the post
mortem report,
xxii) Exhibit-8/1: Signature of PW-13 in the
seizure list dated 18-05-2021 at 1850 hours,
xxiii) Exhibit-8/2: Signature of PW-14 in the
seizure list dated 18-05-2021 at 1850 hours
being a seizure witness,
xxiv) Exhibit-8/3: Signature of PW-14 in the
seizure list dated 18-05-2021 at 1850 hours
being producer of the seized CD,
xxv) Exhibit-9: Forensic examination report dated
28-06-2021 prepared by PW-16,
xxvi) Exhibit-9/1: Signature of PW-16 in the
forensic examination report dated 28-06-
2021 prepared by her,
xxvii) Exhibit-10 (as a whole): Forwarding of the
forensic examination report dated 28-06-
2021 having signature of Director, Tripura
State Forensic Science Laboratory Dr. H. K.
Pratihari,
xxviii) Exhibit-11: Injury report of Nani Gopal
Debnath prepared by PW-20,
xxix) Exhibits-11(i) and 11(ii): Signature of PW-20
in both the pages of the injury report of Nani
Gopal Debnath prepared by him,
xxx) Exhibit-12: Printed FIR form,
xxxi) Exhibit-12/1: Seal and signature of PW-22 in
the printed FIR form,
xxxii) Exhibit-13: Hand sketch map of the place of
occurrence
xxxiii) Exhibit-14: Index of the place of occurrence,
xxxiv) Exhibit-MO 1: Seized Axe,
xxxv) Exhibit- MO 2: Seized Chappal,
xxxvi) Exhibit-MO 3: Seized CD.
Finally, on conclusion of trial, Learned Court below found the
appellant to be guilty and convicted him accordingly and challenging
that judgment and order of conviction and sentence, this present
appeal is filed before this High Court.
7. Now let us discuss the evidence on record of the prosecution.
PW1, Kalpana Debnath is the informant. She deposed that on
15.04.2021 on the day of first Baisakh (Bengali New Year day) at about
8/8:30 am she was working in her house. That time, she heard cry of
Payel Debnath, who is the daughter-in-law of the elder brother of her
husband. On hearing such cry, she rushed to their house and that time,
her husband was working in the garden in front of their house also
rushed there. On reaching there they found her sister-in-law, i.e., Smt.
Pratima Debnath, wife of the elder brother Ratan Debnath of her
husband was lying in their kitchen with severe bleeding injuries. Their
son Santa was crying. They also found Ratan Debnath standing inside
their kitchen having an axe in his hand. That time, they could realize
that said Ratan Debnath had made blows with the axe to his wife,
Pratima Debnath. Her husband somehow managed to snatch away the
axe from the hand of Ratan Debnath. Immediately thereafter, elder son
of Ratan Debnath namely, Nani Gopal Debnath came back to house and
took out his mother in the courtyard from the kitchen. Nani Gopal
thereafter, asked his father as to why he assaulted his mother and
Ratan Debnath thus became furious and made a blow on the head of
Nani Gopal by a piece of firewood. Thereafter, local people arrived
therein and assaulted the accused. After that, by an auto rickshaw, the
victim was shifted to GB Hospital where the attending medical officer
declared her as dead. She further stated that she had seen that the
blow of the axe in the body of Pratima Debnath was made on the back
side and the axe ripped out through the chest. Furthermore, She stated
that Ratan Debnath used to suspect his wife of having illicit relations
and on that issue there was regular hot altercation between them and
accused Ratan Debnath is the elder brother of her husband.
During cross-examination, she stated that she did not see to
inflict axe blow by the accused to the victim but she arrived there
immediately after the incident. She was confronted with the statement
that she stated to police that her husband was working in the garden in
front of their house but said statement was not found in her statement
recorded by IO. She was again confronted with the statement that she
stated to police that Santa was crying and that the accused Ratan
Debnath was standing inside the kitchen but that statement was also
not found in her statement recorded by IO. She was also confronted
with the statement that Nani Gopal took out his mother in the courtyard
from the kitchen but that statement was also not found in the
statement recorded by IO. She did not narrate the facts to the IO that
accused used to suspect his wife for having illicit relation. Also stated
that her father-in-law and the accused is the actual owner of the house
of accused. She was again confronted with the statement that she had
seen the blow of axe in the body of Pratima was made on the back side
and the axe ripped out through the chest but that statement was not
found in the statement of witness recorded by IO under Section 161 of
Cr.P.C.
8. PW-2, Manik Debnath deposed that the accused Ratan
Debnath is his elder brother. The witness further stated that he has
been residing with his family members in the adjacent house of said
elder brother. On 15.04.2021 he was working in the garden adjacent to
his house, that time, he heard cry of Payel Debnath, who is the
daughter-in-law of his elder brother Ratan Debnath. On hearing such
cry, he rushed to their house and that time, his wife was working in the
house also rushed there. On reaching there they found Smt. Pratima
Debnath, was lying in their kitchen with severe bleeding injuries. Their
son Santa was crying. They also found Ratan Debnath standing inside
their kitchen having an axe in his hand. They could realize that said
Ratan Debnath had made blows with the axe to his wife. He somehow
managed to snatch away the axe from the hand of Ratan Debnath.
Immediately, elder son of Ratan Debnath namely, Nani Gopal came
back to house and took out his mother in the courtyard from the
kitchen. Nani Gopal thereafter, asked his father as to why he assaulted
his mother. On this Ratan Debnath became furious and made a blow on
the head of Nani Gopal by a piece of firewood. Thereafter, local people
came and assaulted the accused Ratan Debnath. After that, an auto
rickshaw was arranged from the locality and Pratima Debnath was
shifted to GB Hospital wherein the attending medical officer declared
her as dead. He further stated that he had seen that the blow of the
axe in the body of Pratima Debnath was made on the back side and the
axe ripped out through the chest. He further stated that his elder
brother always used to suspect his wife of having illicit relations and on
such issue there was regular altercation between them.
During cross-examination, he stated that he was not present
just at the time of alleged occurrence but he again volunteered that he
reached there immediately after the occurrence. During recross-
examination, this witness confronted with the statement that he stated
to IO that on that relevant point of time, he was working in the garden
adjacent to his house but the said statement was not found in the
statement recorded by IO. He also confronted with the statement that
his nephew Santa was crying and that the accused was standing inside
the kitchen but that statement was also not found in the statement
recorded by IO under Section 161 of Cr.P.C. Again, he was confronted
with the statement that he stated to police that Nani Gopal took out his
mother in the courtyard from the kitchen but that part of statement
was also not found in the statement of witness recorded by IO.
9. PW-3, Uttam Saha deposed that on 15.04.2021 he was
about to leave his house along with his auto rickshaw, that time one
Babul Sarkar of their locality requested him to go to the house of Ratan
Debnath along with auto rickshaw since an incident occurred therein.
Immediately he went to the house of Ratan Debnath along with his auto
rickshaw and shifted Ratan Debnath and his wife to the GB Hospital
with the help of auto rickshaw. Some other people also accompanied
them to the hospital. That time, he could learn from them that Ratan
Debnath murdered his wife.
During cross-examination, nothing came out relevant.
10. PW-4, Nepal Debnath deposed that on the day of last 1st
Baisakh of Bengali year in the morning around 9 am his brother-in-law
Amulya Bhowmik informed him over phone that his sister, i.e., his
sister-in-law has been severely assaulted by her husband Ratan
Debnath by an axe and accordingly, she was shifted to GBP Hospital.
On receiving such information immediately he accompanied with his
wife rushed to GBP Hospital and on reaching there he found his sister-
in-law Pratima Debnath was lying in the hospital with severe bleeding
injuries and she was declared dead. On seeing the body they could
realize that the axe blow was made on the back side and it ripped out
through the chest. He heard from his brother-in-law, Amulya Bhowmik
that Ratan Debnath had assaulted his son Nani Gopal who was also
admitted to the hospital. On the following day, he visited the house of
Ratan Debnath. Around 3 pm the police officials came there and had
seen the place of occurrence. The police official also seized the
bloodstained axe and one bloodstained Chappal of accused Ratan
Debnath. Seizure was made in his presence and he put his signature in
the seizure list as witness and identified his signature marked as
Exhibit-1/1. Seized axe and Chappal were marked as Exhibit MO-1 and
MO-2 respectively.
During cross-examination, he stated that accused Ratan
Debnath married Pratima Debnath about thirty years back. He did not
see or hear any complain from Pratima against her husband during
continuance of their conjugal life. He was confronted with the statement
that in the hospital they found Pratima Debnath with bleeding injuries
but on drawing attention such statement was not found to his
statement recorded by IO. She was further confronted with the
statement that blow of axe was made on the back side and the axe
ripped out through the chest but on drawing attention, such part of
statement was not found in the statement of witness recorded by IO
under Section 161 of Cr.P.C.
11. PW-5, Swapna Sarkar deposed that on 15.04.2021, in the
morning around 8 am she was performing her household works. That
time, she heard cry of Payel Debnath of their neighboring house.
Immediately she rushed near the gate of their house. Local people
including other members of their house also rushed their house. On
reaching there, she could learn that accused Ratan Debnath made
blows with an axe to his wife Pratima Debnath. Out of fear she did not
enter their house. Later on, Pratima Debnath was shifted to GB Hospital
for treatment wherein she succumbed to her injuries. She further stated
that the deceased was a good lady but her husband used to suspect her
for having illicit relations.
During cross-examination, she stated that the accused used
to remain intoxicant.
12. PW-6, Payel Debnath is the daughter-in-law of the accused.
She deposed that Pratima Debnath was her mother-in-law. On
15.04.2021, in the morning she was offering puja in the Thakur Ghar
and her mother-in-law was cooking in the kitchen. That time, she heard
cry of her mother-in-law. Immediately she came out of Thakur Ghar
and saw that her father-in-law has made a blow with an axe to her
mother-in-law. She started crying loudly. On hearing her cry local
people rushed to their house. She also called her brother-in-law Santa
and her mother-in-law with severe bleeding injuries was lying in the
kitchen and was screaming. When Santa went forward, her father-in-
law attempted to assault him. Her uncle-in-law Manik Debnath
somehow managed to snatch away the axe from the hands of her
father-in-law. Meanwhile her husband also reached there and asked his
father as to why he assaulted his mother. On this, her father-in-law
also assaulted her husband by making blow with a lathi on his head.
Thereafter, her mother-in-law taken out from the kitchen and was
taken to GB Hospital. Sometimes later they received the information
that her mother-in-law succumbed to her injuries in the hospital. She
further stated that her father-in-law used to suspect her mother-in-law
of having illicit relation and her husband was also admitted in the
hospital but he was released for performing all the religious formalities
for cremation of the dead body.
During cross-examination, she stated that the accused Ratan
Debnath used to remain intoxicant. The defence further examined her
during recross-examination. During recross-examination, she was
confronted with the statement that she heard cry of her mother-in-law
but the said statement was not found in her statement recorded by IO.
She also confronted with the statement that she stated to the police
that she called her brother-in-law Santa but the said statement was
also not found in her statement recorded by IO under Section 161 of
Cr.P.C. And at the time of alleged incident Santa was studying inside
the dwelling room. Again, she was confronted with the statement her
father-in-law used to suspect her mother-in-law of having illicit relation
but that part of statement was not found in the statement recorded by
IO under Section 161 of Cr.P.C. She also stated that the police officials
visited their house after about two days of the incident and made
queries about the weapon of offence.
13. PW-7, Hemlata Debbarma deposed that on on 15.04.2021
she was posted at GB TOP as WASI of Police. On that day she prepared
surathal report over the dead body of deceased Pratima Debnath in
presence of her younger brother and two other witnesses and identified
the surathal report marked as Exhibit-2 and her signature marked as
Exhibit-2/1. She further stated that she prepared dead body challan
and thereafter, the body was sent for PM examination. Dead body
challan was marked as Exhibit-3 and the signature of the witness on the
dead body challan marked as Exhibit-3/1. She further stated that
subsequently on that day, i.e., on 15.04.2021 at about 16:25 hours she
had seized the blood sample in a gauze piece which was collected
during post mortem examination. The sample was handed over to me
by constable Abhijit Biswas. Seizure was made in presence of witnesses
and identified the seizure list marked as Exhibit-4 and identified her
signature on the seizure list marked as Exhibit-4/1. She was declined to
cross-examination by the defence.
14. PW-8, Constable Tapas Debbarma, another seizure list
witness deposed that on 15.04.2021 she was posted at GB TOP under
NCC PS as constable of police. On that day, WASI Hemlata Debbarma
seized one brown coloured sealed envelope on being handed over by
constable Abhijit Biswas and seizure was made in his presence. He put
his signature in the seizure list and identified his signature marked as
Exhibit-4/2. He further stated that the sealed envelope was containing
of blood sample in a gauge piece being collected by the Medical Officer
during post mortem examination over the dead body of deceased
Pratima Debnath.
During cross-examination, he stated that post mortem
examination was not held in his presence.
15. PW-9, Tapan Debnath deposed that on 15.04.2021 at about
8:30 am he was in his shop at Ranirbazar, Mohanpur. That time, he
received information over phone from his another uncle namely, Sri
Ratan Bhowmik that the accused Ratan Debnath has assaulted his wife
with an axe. Immediately on receiving such information he rushed to
GBP Hospital and on reaching there, he found the dead body of his
aunt-in-law Pratima Debnath. Other relatives were also present there
from whom he further came to learn that the accused Ratan Debnath
had caused the death of his wife by an axe. Thereafter, surathal report
over the dead body was prepared by police official of GB TOP and he
put his signature in the surathal report and identified his signature
marked as Exhibit-2/2.
During cross-examination, he stated that his statement was
recorded by the police during investigation of this case. Nothing more
came out relevant.
16. PW-10, Amulya Bhowmik deposed that the accused Ratan
Debnath is the husband of his elder sister Pratima Debnath. His sister
Pratima Debnath was murdered by the accused Ratan Debnath by an
axe. On 15.04.2021 at about 8:30 am he was in his house at Tulakona.
That time, his nephew informed him over telephone that their father
Ratan Debnath had made blows with an axe to their mother, i.e., his
sister and accordingly, they were proceeding towards hospital. On
receiving such information immediately, he proceeded towards GB
Hospital. On reaching the hospital, he found the dead body of his sister
lying on a bed in the hospital. Thereafter, surathal report over the dead
body was prepared by police official of GB TOP and he put his signature
in the surathal report as one of the witnesses. The witness identified his
signature in the surathal report marked as Exhibit-2/3. Thereafter, post
mortem examination over the dead body was held. After holding post
mortem examination, dead body was handed over to them. He
acknowledged the receipt of dead body in writing and he identified his
signature on the acknowledgement marked as Exhibit-5. He further
stated that later on, he came to learn from his nephew Nani Gopal that
accused used to suspect his sister for having illicit relation and on such
issue the accused has caused the murder of his sister. On the following
day, his father Keshab Bhowmik lodged a written complaint with the
Ranirbazar PS. The written complaint was prepared by him. The witness
identified the written complaint to be in his hand writing marked as
Exhibit-6 and his signature marked as Exhibit 6/1.
During cross-examination, he stated that his statement was
recorded by the police during investigation of this case. He was
confronted with the statement that he received the phone call around
8:30 am. Attention of the witness was drawn to the statement but the
said statement was not found in his statement recorded by the IO
under Section 161 of Cr.P.C. Further stated that he do not know the
contents of surathal report.
17. PW-11, Dr. Pradipta Narayan Chakraborty deposed that on
15.04.2021 he was posted as Asst. Professor in the Department of
Forensic Medicine and Toxicology, AGMC & GBP Hospital, Agartala. On
that day, in between 1:10 pm to 2:15 pm, he along with Dr. Juthika
Debbarma conducted post mortem examination over the dead body of
one Pratima Debnath, 48 years female in connection with GB TOP GDE
No. 8, dated 15.04.2021. The dead body was brought and identified by
police constable Abhijit Biswas and another Sri Amulya Bhowmik
(relative of the deceased). During examination they found rigormortis
was present over the jaw and the neck. Post mortem staining was
present in patches over the back of trunk and it was not fixed. No signs
of decomposition was seen. Scalp hair was wet and soaked in blood.
Eyes and mouth were partially opened. Frenula in the oral cavity were
found intact. Surgical dressing was present on the left side of chest.
During post mortem examination they also found three numbers of ante
mortem injuries which are as follows:
(i) One incised stab wound measuring 6 cm x 0.2 cm x 10.5
cm was present on the outer aspect of left side of chest,
horizontally placed, 13 cm from midline and 116 cm above
the level of heel. The inner angle of this injury was acute and
the outer angle was blunt. The direction of the wound was
backwards, upwards and medially cutting the skin, soft issue
muscles of the chest wall, and cutting the 4th and 5th ribs of
left side, 4th intercostal space and ențeres the left plural
cavity and cuts the anterior space and cuts the anterior
aspect of upper lobe of lung throw and throw and ends by
giving and nick on the outer wall of pericardial sac. Left
plural cavity contains one litre of liquid and floated blood.
Both the lung were pale.
(ii) One incised stab wound measuring 4 cm x 0.2 cm x 11
cm is present on the upper part of back of trunk on the left
side, obliquely placed, 14 cm from midline and 129 cm
above the level of heel. The lower inner angle of this wound
was acute and the upper outer angle was blunt. It was
surrounded by an abrassion on the outer aspect measuring 5
cm x 0.2 cm. The direction of this wound was forwards,
downwards and medially cutting the skin, soft issues and
muscles of the back. Extravasation of blood was present in
the track of this wound.
(iii) one incised stab wound measuring 3 cm x 0.2 cm x 0.4
cm was present on the lower part of back of trunk on the left
side, obliquely placed 95 cm above the level of heel and the
inner end was just on midline. The upper outer angle was
acute and the lower inner angle was blunt. The wound goes
forward and horizantally and downwards cutting the skin,
soft tissues and muscles of back. Extravasation of blood was
present in the track of this wound.
The dead body was brought with the history of physical
assault by an axe by her husband on 15.04.2021 at about 8 am at
Tulakona under Ranirbazar PS. She was taken to AGMC and GBP
Hospital where she was declared brought dead on 15.04.2021 at 9.50
am. Allegedly her husband was suffering from psychiatric illness. During
examination blood sample in gauge piece of the deceased were taken
and were handed over to the police in sealed envelope. Entire post
mortem examination was videographed and the videography written in
a CD was also handed over to the police. After examination they opined
the cause of death was haemorrhage, shock resulting from stab injury
to the chest caused by single edged sharp cutting weapon. All the
injuries were ante mortem in nature and caused by a single edged
cutting weapon. Age of injuries were fresh. Injury No.(i) above was
sufficient to cause death in ordinary course of nature. The manner of
death was homicidal. Finally they prepared a joint report in prescribed
format and the report was signed by both of them. The witness has
duly identified the post mortem report marked as Exhibit-7 and the
identified his signature in the PM report marked as Exhibit-7/1.
18. PW-12, Dr. Juthika Debbarma, one of the signatory of the PM
examination report. She stated that on 15.04.2021 she was posted as
Associate Professor in the Department of Forensic Medicine and
Toxicology, AGMC & GBP Hospital, Agartala. On that day, in between
1:10 pm to 2:15 pm, she along with Dr. Pradipta Narayan Chakraborty
conducted post mortem examination over the dead body of one Pratima
Debnath, 48 years female in connection with GB TOP GDE No. 8, dated
15.04.2021. The dead body was brought and identified by police
constable Abhijit Biswas and another Sri Amulya Bhowmik (relative of
the deceased). After examination they prepared a joint report in and
put her signature in the PM report. The witness identified the post
mortem report marked as Exhibit-7 and her signature marked as
Exhibit-7/2.
During cross-examination, nothing came out relevant.
19. PW-13, Constable Manoranjan Das deposed that on
18.05.2021 he was posted as constable at Ranirbazar PS. On that day,
SI Mithun Saha had seized one CD brought by constable Litan Dutta
from GB TOP. Accordingly, SI Saha had seized the CD in his presence
and he put his signature on the seizure list as witness. The witness
identified his signature on the seizure list marked as Exhibit-8/1 and
identified the CD marked as Exhibit-MO-3.
During cross-examination, nothing came out relevant.
20. Similarly, PW-14, Constable Litan Dutta deposed that on
18.05.2021 he was posted as constable at Ranirbazar PS. On that day,
he collected a PM report of deceased Pratima Debnath in connection
with Ranirbazar PS case No.26 of 2021 and a CD from the office of
AGMC & GBP Hospital and handed over the same to the IO SI Mithun
Saha. The IO seized the CD and PM report in his presence and the
witness identified his signature in the seizure list marked as Exhibit-8/2
and Exhibit-8/3 and also identified the CD (Exhibit MO-3).
During cross-examination, he stated that the CD was not
displayed in his presence.
21. PW-15, Keshab Bhowmik deposed that he is the informant of
this case. He laid the case against the accused. The accused Ratan
Debnath is the husband of his daughter Pratima and he committed
murder of his daughter and as such he laid the complaint. The written
complaint was prepared by his son Amulya Bhowmik and he put his
signature on the written complaint marked as Exhibit 6/2 on
identification.
During cross-examination, nothing came out relevant.
22. PW-16, Smt. Rupali Majumder deposed that on 21.05.2021
he was posted as Scientific Officer cum Asst. Chemical Examiner, SFSL,
Narsingarh. On that day, their office received one seal wooden box with
seal impression (SDPO, JRN) in connection with case No.
2021/RNB/026, dated 16.04.2021, PS- Ranirbazar, u/s 302/325 of IPC.
The case was endorsed to her for examination and report and the
period of examination was 03.06.2021-28.06.2021. She further stated
that the parcel consists of three exhibits. Exhibit A-1- one axe with
wooden handle, Exhibit A-2-one Hawai Chappal of left leg seized from
the PO and Exhibit A-3- Blood sample of deceased Pratima Debnath.
According to this witness, on examination she found the following
result:
(i) Human blood stained were detected in the Exhibits
marked as A-2 and A-3.
(ii) Blood group of the exhibits marked as A-2 and A-3 could
be determined as B group.
(iii) No blood stain could be detected in the exhibit marked
as A-1.
She identified the report marked as Exhibit-9 and her signature on the
report stands marked as Exhibit-9(i). The report was, thereafter,
forwarded by our Director Dr. H. K. Pratihari vide letter No. 4497, dated
28.06.2021 to the SDPO, Jiranía. She identified the forwarding report
written by Dr. Pratihari also stands marked as Exhibit-10 as a whole. He
was declined to cross-examination by the accused.
23. PW-17, Nani Gopal Debnath is the son of the deceased and
the appellant-accused. He deposed that on 15.04.2021 on the day of
Bengali New Year, at about 7 am he proceeded towards the market
from their house. At the time of leaving the house, he saw my father
Ratan Debnath was cutting firewood by an axe in their courtyard and
his mother and wife were about to proceed for taking bath. Around 8.30
am he was returning from market and at the time of returning back
from market when he was about to reach the house, he heard cry of his
younger brother Shanta. His brother was asking for him calling him as
'Bhai' and was uttering that his father caused murder of his mother. On
hearing such cry he rushed to the house and found his brother Shanta
was crying catching hold of body of their mother with severe bleeding
injuries lying in the courtyard just in front of their kitchen. He also saw
my father was washing the axe which was stained with blood. By this
time his uncle Manik Debnath along with other local people reached
their house. His uncle had snatched away the axe from the hands of my
father. He asked my father as to why he assaulted his mother. On this
his father took a piece of wood and made successive blows on his head
and right hand. As a result he felt like unconscious. His father also tried
to assault his younger brother Shanta. The local people present there
had rescued his brother and mishandled his father. By this time one
Babul Sarkar of their locality on hearing hue and cry in their house also
reached their house and he arranged the auto rickshaw of one Uttam
Saha of their locality. The witness and his mother and father were
immediately shifted to GB Hospital for treatment. Since his father was
mishandled by the local people he also received injuries. His brother
Shanta and his aunt also accompanied us in the auto to the hospital. He
was admitted in the hospital for treatment. Their father and mother
were also admitted for treatment. Since He was admitted in the hospital
nobody gave any information to me as to physical status of his mother.
After half an hour he regained his full sense when his maternal uncle
informed him that their mother succumbed to her injuries. On the same
day he was discharged from the hospital on request on taking signature
so as to perform all the religious formalities. In this connection his
maternal grand-father lodged a written complaint to Ranirbazar PS
against my father. On the following day, i.e., on 16.04.2021 the police
official visited their house and seized the axe having wooden handle
and one Relaxo Chappal of left leg of his father. The Chappal was
stained with blood. Seizure was made in his presence and he put his
signature in the seizure list as one of the witnesses. He identified his
signature on the seizure list marked as Exhibit-1/2. He identified the
seized axe (Exhibit MO-1) and Chappal (Exhibit MO-2). Further stated
that his father committed murder of his mother and urged for adequate
punishment.
During cross-examination, he stated that he stated to IO
that his brother was calling him uttering that their father had caused
the murder. On drawing attention, such statement was not found in the
statement of witness recorded earlier by IO. He was further confronted
with the statement that he stated to IO that he felt like unconscious but
the said portion of statement was not found in the statement of witness
recorded by IO. Again, he was confronted with the statement that he
stated to IO that his father was mishandled by local people but the said
statement was not found in the statement recorded by IO under Section
161 of Cr.P.C. He was again confronted with the statement that he
made statement to the IO that Relaxo Chappal was also seized but the
said statement was not found in the statement of witness recorded by
IO. Nothing more came out relevant.
24. PW-18, Sri Santa Debnath deposed that on 15.04.2021 at
about 8:30 am he was reading sitting on his bed. His father Ratan
Debnath was cutting firewood in their courtyard since 7 am. Around
7:30 am his mother Pratima Debnath and his sister in law (Boudi) were
about to proceed towards the Bathroom for taking bath. But their father
asked their mother not to take bath in the bathroom but to take bath
inside their dwelling room. But their mother had taken bath in the
bathroom without paying any heed to the request of his father. After
taking bath her mother was about to offer puja when his father again
asked his mother not to offer puja. Accordingly, his sister-in-law went
to Thakur Ghar for offering puja and his mother started cooking in the
kitchen. Around 8:30 am he heard sounds like 'Dhup Dhup'.
Immediately, he came out from his room and saw our father was
making blows with an axe to their mother inside the kitchen. He
attempted to proceed towards kitchen to rescue their mother but their
father proceeded towards him aiming the axe. Out of fear he proceeded
towards room. His sister in law called their uncle of adjacent house.
Immediately, their uncle came and snatched away the axe from his
father. Immediately thereafter he came back and taken out the body of
his mother from the kitchen. Huge blood was oozing out from the body
of his mother. His uncle kept the axe in a nearby place, taking this
opportunity his father had taken the axe in his hand and started
washing it with water in the kitchen. By this time local people reached.
His brother Nani Gopal went to the market and he also reached by this
time. His brother asked our father as to why he assaulted his mother.
On this, his father made successive blows with a piece of firewood on
the head of his brother. The local people rescued his brother and
mishandled their father. Thereafter, one of the neighbor Babul Sarkar
had arranged a auto rickshaw. His mother, father and brother were
shifted to GB hospital for treatment. He and one of his aunt had
accompanied them to the hospital. On reaching the hospital his mother
was declared dead by the attending medical officer. His brother and
father were admitted for treatment. His brother was, however,
discharged on request for performing religious formalities due to death
of their mother. Accordingly, the body of their mother was burnt at
Battala Smashan. On the following day, in the afternoon police official
visited their house and seized the axe having wooden handle and one
Chappal of left leg of his father. The Chappal was stained with blood.
Seizure was made in his presence. He put his signature in the seizure
list as one of the witnesses and identified his signature marked as
Exhibit-1/3. The witness identified the seized axe marked as Exhibit
MO-1) and Chappal marked as Exhibit MO-2.
During cross-examination, he stated that his statement was
recorded by police in connection with the case. He was confronted with
the statement that he stated to IO that he attempted to proceed to
kitchen in rescue of his mother and his father proceeded towards him
aiming with axe. On drawing attention, the said statement was not
found in the statement recorded by IO under Section 161 of Cr.P.C. To
Court, he stated that his father made the blows with the axe on the
backside of the body of his mother and the axe ripped out through the
chest. Nothing more came out relevant.
25. PW-19, Sri Babul Sarkar deposed that on 15.04.2021 at
about 8:30 am he returned from the market and immediately after
reaching the house he heard hue and cry in the house of Ratan Debnath
of their locality. Immediately he rushed to their house. On reaching
their house he found the accused Ratan Debnath was standing in their
courtyard having a blood stained axe in his hand. Immediately after two
minutes brother of Ratan Debnath namely, Sri Manik Debnath also
rushed there. By this time some local people also gathered there. Said
Manik Debnath snatched away the axe from the hands of the Ratan
Debnath. Sri Santa Debnath son of the accused was sitting just in front
of their kitchen by catching hold of the body of his mother, i.e., the wife
of accused Ratan Debnath. He observed that wife of Ratan Debnath had
received severe injury on her back side and profuse blood was coming.
There was profuse blood inside the kitchen. By this time Nani Gopal,
son of Ratan Debnath also reached. Nani Gopal asked his father Ratan
Debnath, what happened? That time, Ratan Debnath also made blows
on the head of Nani Gopal by a piece of firewood. In the meantime
Ratan Debnath washed the axe with water. Santa requested him to
arrange a vehicle. Accordingly, he arranged the auto rickshaw of one
Uttam Saha of their locality. Thereafter, Ratan Debnath, his injured wife
Pratima Debnath and Nani Gopal Debnath were taken to GB hospital
with the help of said auto for treatment. After that, he, Santa Debnath
and one of their aunt had accompanied them in the auto rickshaw.
Pratima Debnath was declared dead by the attending doctor. On
hearing this he left the hospital and went back to his house.
During cross-examination, he stated that he stated to IO
that Santa was sitting just in front of their kitchen catching hold of the
body of his mother with bleeding injuries but that statement was not
found in the statement of witness recorded by IO under Section 161 of
Cr.P.C. He further stated that he did not see the alleged occurrence of
making blows.
26. PW-20, Dr. Abhijit Acharjee deposed that on 23.07.2021 he
was posted as Medical Officer, Trauma Care Center, AGMC & GBP
Hospital, Agartala. On that day, he prepared an injury report in respect
of injured Sri Nani Gopal Debnath as per bed head ticket. As per bed
head ticket during examination of said Nani Gopal Debnath following
injury was found. (i) Superficial cut injury measuring 1 x 0.25 cm on
the nose. The injury was caused by blunt weapon and grievous in
nature. The X-ray report revealed no bony lision on left forearm. NCT of
brain revealed multiple hemorrhage contusion of left fronto parietal
region (opinion of general surgeon). The patient left the hospital against
medical advice on 15.04.2021 at about 2:35 pm. He was admitted in
the hospital on that day at 12:22 pm. The witness identified the report
marked as Exhibit-11 and his signature in both the pages of report
marked as Exhibit-11(i) and Exhibit-11(ii).
During cross-examination, he stated that age of alleged
injury is not mentioned in the report.
27. PW-21 deposed that on 12.05.2021 he was posted as SDPO,
Jirania. He just passed the supervision note.
28. PW-22, DSP Soumen Das deposed that on 16.04.2021 he
was posted as Officer in charge, Ranirbazar P.S. On that day on receipt
of a written complaint from one Keshab Bhowmik he registered a
specific case vide Ranirbazar P.S case No. 2021 RNB 026, U/s 302,325
of IPC and endorsed this case to S.I Mithun Saha. The printed form of
FIR was filled up by him. The printed form of FIR having seal and
signature of the witness marked as Exhibit-12. The seal and signature
of the witness in the printed form of FIR is marked as Exhibit-12/1. The
endorsement as to registration of the case along with seal and
signature of the witness at the bottom of written complaint was marked
as Exhibit-6/3.
During cross-examination, he stated that the signature
and/or thumb impression of the complainant/informant was not taken
in column No.14 of the printed form of FIR.
29. PW-23, SI Mithun Saha deposed that on 16.4.2021 he was
posted at Ranirbazar P.S as S.I of police. On that day this case was
endorsed to him for investigation. As a part of his investigation on
16.4.2021 he visited the place of occurrence, prepared hand sketch
map of place of occurrence with separate index. The hand sketch map
and Index respectively are marked as Exhibit-13 and Exhibit-14. On
observation of the place of occurrence he could realize that the family
inmates of the accused have cleaned the entire place of occurrence. He,
however, found a blood stained Hawai chappal beside the kitchen room.
The witness Santa Debnath had also handed over an axe contending
that his father caused the murder of his mother with the help of said
axe. The axe was however washed with water. There was a reddish
mark in the axe. He accordingly, seized the blood stained chappal and
the axe in presence of witnesses. He identified the seizure list marked
as Exhibit-1 and also identified his signature in the seizure list marked
as Exhibit-1/4. Immediately after the seizure he preserved the axe by
wrapping it with gauze piece. He also examined and recorded the
statement of witnesses namely, Keshab Bhowmik, Nani Gopal Debnath,
Nepal Debnath, Santa Debnath, Swapna Sarkar Biswas. He came to
know from the witnesses that the accused Ratan Debnath was admitted
to GBP hospital. On that day he sent requisition for providing guard of
the accused in the GB hospital. He also learned that post mortem
examination over the dead body of the deceased Pratima Debnath was
already been held on 15.4.2021. Accordingly, he sent requisition for
collection of post mortem related papers. On 17.4.2021 he visited the
trauma care centre, GBP hospital, Agartala and consulted with a
medical officer who informed that accused will be discharged after 2 to
3 days. On 19.4.2021 he again visited GBP hospital but the accused
was not discharged. On 20.4.2021 he again visited the house of the
accused and examined and recorded the statement of Manik Debnath
and Payal Debnath. On 21.4.2021 he received information from GBP
hospital that the accused will be discharged from the hospital.
Accordingly, he went to GBP hospital and arrested the accused Ratan
Debnath immediately after his discharge and thereafter, forwarded him
to the court. On 22.4.2021 he also examined and recorded the
statement of witnesses namely, Babul Sarkar alias Paltu, Kalpana
Debnath, Uttam Saha. On 29.4.2021 he collected the SCD from GB
police out post. SCD comprised of Surathal Report, dead body challan,
dead body keeping requisition and a seizure list dated 15.4.2021. On
that day he also examined and recorded the statement of witnesses
namely, constable Tapas Debbarma and constable Abhijit Biswas. On
2.5.2021 he visited Tulakuna Nagicherra and examined and recorded
the statement of Amullya Bhowmik, and thereafter, he went to
Brajanagar and recorded the statement of Tapan Debnath. On
18.5.2021 he received the P.M examination report from the office of
Ranirbazar P.S accompanied with one C.D containing the video
recording of post mortem examination on being produced by constable
Litan Datta. On 20.5.2021 he forwarded the seized axe and Chappal
and the blood sample to TSFSL for examination through the SDPO,
Jirania. On 26.5.2021 he examined and recorded the statement of
constable Samir Barman. On 9.7.2021 he received the SFSL report
through the SDPO, Jirania. On 5.8.2021 he also examined and recorded
the statement of Bhagirath Debnath. On that day he also collected the
injury report of injured Nani Gopal Debnath from AGMC and GBP
hospital. On completion of investigation, he laid Ranirbazar P.S charge
sheet No. 54 of 2021, dated 27.8.2021, U/s 302, 325 IPC against the
accused Ratan Debnath. He also identified the Axe marked as Exhibit-
M.O.1 and the Chappal marked as Exhibit-M.O.2.
During cross-examination, he stated that he has not
collected any finger print from the seized Axe. He confronted with the
statement of PW-1 Kalpana Debnath, PW-2 Manik Debnath, PW-4 Nepal
Debnath, PW-6 Payel Debnath, PW-9 Tapan Debnath, PW-10 Amulya
Bhowmik, PW-17 Nani Gopal Debnath, PW-18 Santa Debnath, PW-19
Babul Sarkar. He further stated that he did not make any investigation
in respect of ownership of the alleged P.O house. He also did not make
any investigation in regards to any boundary dispute in between the
accused and his brother Manik Debnath. During investigation nothing
revealed to show that the accused used to deal in fire wood. During
visit of place of occurrence he did not find any piece of fire wood near
the place of occurrence. Nor he collected any injury report of the
accused. The seized Axe was not sent for DNA profiling of reddish mark
thereon.
These are the sum and substances of the evidence on
record.
30. In course of hearing of argument, Learned Counsel for the
appellant in addition to his submission also made statements that there
were huge contradictions came out from the evidences of the witnesses
of the prosecution. There was no explanation from the side of the
prosecution in this regard before the Learned Court below and the
Learned Trial Court ignoring those contradictions found the appellant to
be guilty and convicted him for which the interference of the Court is
required. Learned Counsel for the appellant further submitted that from
the materials on record it is clear that the prosecution has failed to
prove the charge beyond doubt against the appellant and urged for
setting aside the judgment and order of conviction and sentence
delivered by Learned Court below.
31. Learned P.P. on the other side appearing on behalf of the
State-respondent submitted that admittedly in this case there were
some contradictions and omissions but for those contradictions and
omissions, there was no scope to disbelieve the evidence on record of
the prosecution because in this case from the evidence of Payel
Debnath i.e. PW-6 and PW-18, it is crystal clear that those witnesses
were available to the house on that relevant point of time of incident
and they had narrated how the appellant has committed the offence.
PW-17, Nani Gopal Debnath, another son of the appellant and the
deceased appears to the PO just after the incident and he had seen that
his mother was lying in the earth with severe bleeding injuries and also
found his father with axe standing inside the room and on his protest,
the accused also assaulted him. Other witnesses of the prosecution also
within a short span of time appeared before the PO after the occurrence
of offence and they found the victim in severe injured condition and
also the appellant-accused with axe to the alleged PO. The appellant
thoroughly cross-examined their witnesses but inspite of thorough
cross-examination he failed to discredit the evidence of witnesses of the
aforesaid witnesses and also could not raise any circumstance to
disbelieve the evidence on record of the prosecution. From the forensic
report as well as the Medical Officers who conducted PM examination
over the dead body of the deceased, it appears that due to causing of
hurt by axe which also has been produced and proved in this case, the
deceased succumbed to her injuries.
Thus, from the evidence on record and also after hearing
both the sides, it appears to this Court that the prosecution has been
able to prove the charge levelled against the appellant before the
Learned Court below and the Learned Court after considering the
material evidence on record rightly found the appellant to be guilty and
convicted him accordingly.
32. In course of hearing of argument, Learned Counsel for the
appellant although made his submissions that huge contradictions were
there but in this regard, we are to say that admittedly in this case some
contradiction were apparent from the evidence on record of the
prosecution but from those contractions, there is no scope to disbelieve
the evidence on record of the prosecution regarding causing death of
the victim by the appellant-accused on that relevant point of time by an
axe. The appellant before the Learned Court below by the style of his
cross-examination also failed to dismantle the evidence on record of the
prosecution to prove his innocence with the alleged crime.
Thus, it appears to this Court that the Learned Court below
after considering the evidence on record rightly and reasonably found
the appellant to be guilty and convicted him accordingly, as such, we do
not find any scope to interfere with the judgment delivered by Learned
Court below.
33. In the result, the appeal filed by the appellant stands
dismissed being devoid of merit. 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 is hereby upheld and accordingly the
sentence is affirmed.
With this observation, the appeal stands disposed of.
Send down the LCR along with a copy of this judgment.
A copy of this judgment be supplied to the appellant-accused
in prison through the Superintendent of Jail, Kendriya Sansodhanagar,
Bishalgarh.
Pending application, if any, also stands disposed of.
JUDGE JUDGE
MOUMITA Digitally signed by
MOUMITA DATTA
Date: 2025.03.24
DATTA 20:01:53 -07'00'
Deepshikha
