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2018 DIGILAW 214 (TRI)

Jugal Krishna Dhar S/o Late Rana Kanta Dhar v. State of Tripura

2018-07-26

ARINDAM LODH

body2018
JUDGMENT AND ORDER : 1. This batch of appeals bearing No. Crl. A. (J) No. 18 of 2017, Crl. A. (J) No. 19 of 2017 and Crl. A. (J) No. 20 of 2017 have arisen out of the common judgment and order and accordingly, all the appeals have been heard analogously and disposed of by this common judgment. 2. These appeals under Section 374(2) of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence dated 08.02.2017 passed by the learned Sessions Judge, Unakoti Judicial District, Kailashahar, Tripura in Case No. S.T. 34 of (U/K) of 2015 whereby convicting and sentencing the convict-appellants namely Jugal Krishna Dhar, Mani Singha and Bidhan Chandra Sen to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- (five thousand) each in default, to suffer further rigorous imprisonment for six months for commission of offence under Section 307 read with Section 34 IPC. 3. The prosecution case, in brief, is that one Anil Kr. Singha lodged first information report with the Officer-in-Charge Kumarghat Police Station on 05.10.2014 alleging that on 04.10.2014 at about 11.30 P.M the accused persons, namely, Mani Singha, Jugal Krishna Dhar and Bidhan Chandra Sen assaulted his cousin brother, namely Kripamoy Singha, aged 52 years at Betchchera Market with a spear causing serious injury and he collapsed on the ground. The people in the market shifted his brother to Kumarghat Rural Hospital and as his condition was serious, he was referred to RGM Hospital, Kailashahar and from there he was shifted to GB Hospital, Agartala. 4. On receipt of the FIR, the O.C. Kumarghat Police Station registered KGT P.S. Case No. 77/2014 under Section 326/34 IPC and endorsed the case to an investigating officer for investigation. Accordingly, on completion of investigation the investigating officer submitted charge-sheet against the accused persons as aforestated and on receipt of the charge-sheet, learned Chief Judicial Magistrate, Kailashahar took cognizance of the case under Section 326/307/34 of the IPC and thereafter, committed the case to the Court of learned Sessions Judge, Unakoti Judicial District, Kailashahar, Tripura on 30.05.2015. 5. The Trial Court framed the charges against the accused Mani Singha, Jugal Krishna Dhar and Bidhan Chandra Sen under Section 307 read with Section 34 of the IPC to which all the accused pleaded not-guilty and claimed to be tried. 6. 5. The Trial Court framed the charges against the accused Mani Singha, Jugal Krishna Dhar and Bidhan Chandra Sen under Section 307 read with Section 34 of the IPC to which all the accused pleaded not-guilty and claimed to be tried. 6. During the course of the trial, the prosecution examined as many as 12 witnesses and on the closure of the prosecution evidence the accused persons were examined under Section 313 of Cr.P.C. wherein they denied the prosecution evidence. On completion of the Trial the learned Sessions Judge passed the impugned judgment and order dated 08.02.2017 convicting and sentencing the accused-appellants as stated supra. 7. The three accused persons have filed three appeals separately and the ground urged by Mr. D. Bhattacharjee, learned counsel appearing for the appellants are same and identical. 8. During the course of hearing, Mr. D. Bhattacharjee learned counsel appearing for the convict-appellants submits that the dispute have been compromised between the victim and the convict-appellants. This Court had passed direction upon the learned counsel for the convict-appellants to ask the victim to appear before this Court personally today. Today Sri Kripamoy Singha has appeared before this Court in person. 9. At the time of interaction Sri Kripamoy Singha the victim has stated that the incident was caused due to some misunderstanding between him and the convict-appellants. They all belong to the same family and to maintain the peaceful atmosphere in the family it is urgently necessary to withdraw the complaint against the convict-appellants. Sri Kripamoy Singha with folded hand urged this Court to release the appellants and acquit them accordingly for the interest of all the family members, so that the bondage amongst the family members shall be kept in high esteem. 10. Mr. A. Roy Barman, learned Addl. Public Prosecutor also has talked with the victim- complainant and he submits that in view of the prayer made by the victim-complainant the offence under Section 307/34 may be compounded and the convict-appellants may be released from the charge. 11. Mr. D. Bhattacharjee, learned counsel appearing for the convicts appellant submits that for considering the maintenance of family peace and harmony the convict-appellants may be released and there is no grievance by the victim-complainant. 12. 11. Mr. D. Bhattacharjee, learned counsel appearing for the convicts appellant submits that for considering the maintenance of family peace and harmony the convict-appellants may be released and there is no grievance by the victim-complainant. 12. Having considered the submission of both the learned counsels and particularly the submission made by the victim-complainant this Court is of the opinion that even though the offence under Section 307 is not compoundable but having regard to the facts that the dispute between the convict-appellants and the victim have been amicably settled and to maintain the peace and harmony within their respective families, this Court may exercise its discretionary power under Section 482 of the Code of Criminal Procedure to secure the ends of justice. 13. In view of the above discussions, I am of the opinion that the period of imprisonment as has already been suffered by the convict-appellants may be set off and, accordingly, the convict-appellants are released from suffering remaining period and has been set at liberty if not wanted in connection with other cases. Accordingly, the appeal is partly allowed. 14. In the result, all the convict-appellants in connection with the Case No. S.T. 34 of (U/K) of 2015 shall be released forthwith. 15. Accordingly, all the three appeals as aforestated have been disposed of by this common judgment.