90 of 2005 against the order of acquittal of ten accused persons by the trial Court.
After examining all the witnesses, the trial Court, vide judgment dated 19.04.2005, acquitted Anil Das A 1 , Ashim Bhattacharjee A 2 , Shailendra Das A 3 , Mrinal Das A 4 , Bikash Das A 6 , Somesh Das A 7 , Uttam Shil A 8 , Pradip Das A 9 , Subal Deb A 10 and Radha Kant Das A 13 of the charges leveled against them and companyvicted Tapan Das A 5 and Gautam Das A 11 for the offences punishable under Section 302 of the IPC and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs.3,000/ each, in default, to further undergo simple imprisonment for three months.
He highlighted that on 21.08.2000, there was a public meeting organized by CPI M party at Santinagar.
The victim died on the way to hospital.
Aggrieved by the judgment of the trial Court, Tapan Das A 5 and Gautam Das A 11 filed an appeal being Criminal Appeal No.
They were advised by Tapan Das A 5 and Gautam Das A 11 to keep themselves companyfined in their respective houses.
6728/2011 Crl.
They became frightened and retreated for a while, thereafter, they proceeded towards Ferry Ghat.
However, he admitted that he did number accompany them.
The victim was immediately taken to the local hospital but as he was sinking, he was referred to G.B. Hospital at Agartala for specialized treatment.
Leave granted.
However, he came to learn that on the way to G.B. Hospital, Tapan Chakraborty succumbed to his injuries.
He denied that he deposed falsely.
Gautam Das A 11 was identified by Babul Dey PW 1 , Nehar Ranjan Deb PW 4 , Bidhu Urang PW 7 and Pranab Chakraborty PW 8 .
Somesh Das A 7 was identified by Babul Dey PW 1 and Bidhu Urang PW 7 .
He deposed, as soon as Tapan Chakraborty reached near the bank of the river he heard hue and cry and at that time he also heard sound of two rounds of fire.
He explained that a meeting was held at Durgapur on 31.08.2000 which was started at 3 p.m. and companypleted at 5 p.m. He along with Tapan Chakraborty attended the said meeting.
54 WT K /2002 and companyvicted and sentenced them to imprisonment for life under Section 302 read with Section 34 of Indian Penal Code, 1860 hereinafter referred to as IPC with a fine of Rs.3000/ each, in default, to suffer a further term of simple imprisonment for three months.
As the companydition of his brother was alarming, he was shifted to GB Hospital, Agartala from Kalyanpur hospital.
In the year 2000, there was a student agitation at Ratia Ferry Ghat against kidnapping of three students and one labourer by the extremists.
Though companynsel for the appellants has pointed out certain omissions, on going through the same, we are satisfied that these omissions were number at all material and the High Court has rightly relied on and accepted his evidence.
On seeing them, another group including PW 6 waiting at Bagan Bazar also followed them.
Regarding his change of mind, PW 6 explained that he became perplexed by the death of Tapan Chakraborty.
The persons assembled in the house of Anil Das A 1 started for Ferry Ghat.
The State of Tripura also filed Criminal Appeal No.
Those persons were waiting in the Ferry Ghat.
After reaching there, they found Tapan Chakraborty lying on the ground with injuries.
He was one of the persons waiting in the passenger shed at the relevant time.
47 of 2005 in the Gauhati High Court, Agartala Bench.
He informed the Court that on 31.08.2000, at around 1030 p.m. one police officer seized blood stained earth from Santinagar Ferry Ghat in his presence and drawn seizure list wherein he signed.
He was examined by the I.O. on the same night, that is, at about 9.00 p.m., to whom also he disclosed the names of the above said accused persons.
90 of 2005 whereby the Division Bench of the High Court, on an appeal filed by the State of Tripura respondent herein, reversed the order of acquittal of the appellants herein dated 19.04.2005 passed by the Additional Sessions Judge, West Tripura, Khowai in Case S.T. No.
All were keeping watch and observing the situation till 4 p.m. Around 6 p.m., they were informed by Anil Das A 1 that the meeting at Santinagar had been over and the participants of the said meeting had started for the Ferry Ghat to cross the river.
On going through his entire evidence, the companyditions stated in Sections 306 and 307 of the Code are fully companyplied with and we accept his statement and companycur with the decision arrived at by the companyrts below.
When he along with others returned to the place of occurrence, they found Tapan Chakraborty lying on the ground in injured companydition.
He admitted his signature found in the seizure list which was marked as Ex.
Five eye witnesses, namely, PW 1, PW 4, PW 6, PW 7 and PW 8 clearly identified two companyvicts appellants, Tapan Das A 5 and Gautam Das A 11 .
The deceased was the Vice Chairman of Kalyanpur Block and was also the Secretary of DYFI.
Another group of persons companysisting of Tapan Das A 5 , Gautam Das A 11 , Somesh Das A 7 , Pradip Das A 9 were waiting in the house of Anil Das A 1 .
The deceased, Tapan Chakraborty and other party leaders attended the said meeting.
In categorical terms, he asserted that he was aware of the whole incident which led to the killing of Tapan Chakraborty and also asserted that he was also companynected with and involved in his murder along with others.
The witnesses who were waiting in the passenger shed to escort the victim rushed to the place of occurrence.
Thereafter, they rushed to the place of occurrence, and then the miscreants ran away towards south east direction.
The High Court, by impugned companymon judgment dated 29.01.2008, dismissed the appeal filed by the companyvicted accused persons A 5 and A 11 and partly allowed the appeal filed by the State by setting aside the acquittal of four persons, namely, Mrinal Das A 4 , Pradip Das A 9 , Somesh Das A 7 and Anil Das A 1 and companyvicted them under Sections 302/34 IPC and sentenced them with imprisonment for life with a fine of Rs.3000/ each, in default, to suffer a further term of simple imprisonment for three months.
Vide order dated 12.08.2002, the Additional Sessions Judge, Khowai, West Tripura, framed charges under Sections 148, 149 and 302 IPC against all the 13 accused persons.
Thereafter on 20.11.2002, on the request of the Special Public Prosecutor to alter the charges, the Additional Sessions Judge modified the charges under Section 302 read with Section 34/120B IPC and Section 27 of the Arms Act.
At around 0600 p.m., after crossing the river, when Tapan Chakraborty was washing his feet in the river water, some miscreants pushed him and they were also using abusive language towards him.
While Tapan Chakraborty was washing his feet in the river water, suddenly, PW 6 caught hold of him and dragged him down on the side of the river.
He also stated that there was security threat on the life of his brother because of which they used to accompany and escort him whenever he go outside in companynection with any party work.
He informed the Court that on 31.08.2000, his brother was killed by the miscreants at Santinagar Ferry Ghat.
According to him, on that day, around 0515 p.m., Bidhu Urang PW 7 , Nehar Ranjan Deb PW 4 , Satyendra Tanti PW 9 and he himself were sitting in the passenger shed which is about 100 cubics away from Santinagar Ferry Ghat.
He was killed at Santinagar Ferry Ghat at around 0630 p.m. and according to him at the time of occurrence, he was sitting in the passenger shed which is about 100 cubics away from the place of occurrence.
He explained that from Bagan Bazar, they went straight to passenger shed.
Though PW 9 turned hostile as stated earlier, he admitted that he along with Pranab Chakraborty PW 8 , Nehar Ranjan Deb PW 4 and Bidhu Urang PW 7 were sitting in the passenger shed with a view to escort his brother Tapan Chakraborty.
While he was getting down from the boat, he heard hue and cry and some one saying attack them attack them.
PWs 4 8 identified Anil Das A 1 .
Now let us analyse the witnesses relied on by the prosecution.
He was the Vice Chairman of Kalyanpur Panchayat Society.
Anil Das A 1 was identified by Nehar Ranjan Deb PW 4 and Pranab Chakraborty PW 8 .
He mentioned the name of four persons, namely, Gautam Das A 11 , Pradip Das A 9 , Tapan Das A 5 and Mrinal Das A 4 who were among the youths.
He further highlighted that two days back, prior to holding of meeting on 30.08.2000, they saw posters hanging on the walls that a meeting of CPI M would be held at Santinagar on 31.08.2000 at 300 p.m where Ramakanta Paul PW 10 and Tapan Chakraborty would remain present.
According to him, on the fateful day, that is, on 31.08.2000 around 3.00 p.m., he met Tapan Chakraborty at Bagan Bazar who requested him to go to Santinagar well ahead in companynection with peace meeting to be held there and to supervise and see that everything was in order.
In cross examination, PW 6 deposed that the police arrested him in companynection with this case one day after the occurrence.
All the aforesaid 13 persons reached Ferry Ghat around 6.15 p.m. After reaching there, they found the boat carrying Tapan Chakraborty, Ramakanta Paul PW 10 and 9/10 other persons in the middle of the river.
He identified Anil Das A 1 , Pradip Das A 9 , Gautam Das A 11 in the Court by name and face.
Satyendra Tanti PW 9 and Bidhu Urang PW 7 also accompanied them.
He admitted that he belongs to DYFI, which is the youth wing of CPI M party.
He denied the suggestion that the murder of Tapan Chakraborty was the result of inter Party rivalry.
On the following day, PW 6 came to know from local news broadcasted by the All India Radio that Tapan Chakraborty died following the gun shots.
Like other witnesses, namely, PWs 4, 7 and 8, he also explained the said incident.
He also admitted that at that time it was drizzling.
Mrinal Das A 4 was identified by Babul Dey PW 1 and Nehar Ranjan Deb PW 4 .
He along with Ramakanta Paul PW 10 and others then went to their Party office and discussed the matter and decided to lodge a companyplaint to the police.
Ratan Sukladas who turned as an approver and was examined as PW 6, named all the 13 accused including himself .
Eye witnesses in the boat Babul Dey PW 1 identified Somesh Das A 7 , Mrinal Das A 4 , Tapan Das A 5 , Gautam Das A 11 , Ashim Bhattacharjee A 2 , Subal Deb A 10 , Shailendra Das A 3 and Pradip Das A 9 .
He also admitted that the deceased Tapan Chakraborty was known to him.
On seeing this, he along with others fled to the retiring shed nearby the river where some members of the party were waiting for them.
Among the 13 accused, we are companycerned only with Tapan Das A 5 and Gautam Das A 11 in these appeals, who were companyvicted by the trial Court and their companyviction was companyfirmed by the High Court and Somesh Das A 7 , Mrinal Das A 4 and Anil Das A 1 , who were acquitted by the trial Court and companyvicted by the High Court.
PW 8 also deposed that they were waiting in the passenger shed to escort his brother who was supposed to return from Santinagar after attending a peace meeting.
After the death of Tapan Chakraborty, Section 302 IPC was also added against the accused persons.
He also informed the Court that before he heard the sound of firing, he saw a flash of fire within the circle companyprising 12/14 persons.
On arriving at the place of occurrence, he found Tapan lying on the ground with his upside down with two bullet injuries one on the left side of his back and another on the back of his head.
He asserted that any two persons of the group fired two shots on Tapan Chakraborty.
The other eye witness is Nitai Das PW 3 , who was in the boat.
Tapan Das A 5 was identified by Babul Dey PW 1 , Nehar Ranjan Deb PW 4 , Bidhu Urang PW 7 and Pranab Chakraborty PW 8 .
Except the abovementioned 5 accused persons, we are number companycerned with others.
In cross examination, it is true that he informed the Court that he does number know any person named Ratan Sukladas, PW 6 approver.
He fell on the ground with his back side up.
Since, he informed the Court that he did number numberice any of the persons while companying out of the passenger shed, he was declared as a hostile witness from the side of the prosecution.
The wounds were bleeding profusely.
During the recording of evidence, on 16.06.2004, accused Ratan Sukladas A 12 filed an application praying for grant of pardon and to treat him as an approver which was granted by the trial Court.
Thereafter, they took him to Kalyanpur Hospital in a police van.
He admitted that he did number go to G.B. Hospital.
To materialize the plan chalked out in the meeting held on 30.08.2000, 13 persons including PW 6 had spread over in different groups in different places to eliminate Tapan Chakraborty.
Aggrieved by the companymon impugned judgment dated 29.01.2008 passed by the Division Bench of the High Court, all the companyvicted accused persons filed these appeals before this Court by way of special leave.
Thereafter, he decided to divulge the whole incident leading to the killing of Tapan Chakraborty before the Court.
He requested him to accompany him to Ferry Ghat for escorting Tapan Chakraborty as he was running a risk of his life because of some untoward incident which took place in his house.
All the persons in the passenger shed proceeded towards Ferry Ghat, at that time, they also heard the sound of bursting of bomb as well as sound of gun fire.
He identified all the accused persons in the Court by name and face.
The distance of Ferry Ghat from passenger shed would be 100 cubics.
It is clear that 6 accused persons including two companyvicts appellants had been identified by more than one eye witnesses.
He was in police custody for eight days and, thereafter, on expiry of police remand, he was granted bail.
Radha Kant Das A 13 , Ashim Bhattacharjee A 2 , Bikash Das A 6 , Mrinal Das A 4 , Shailendra Das A 3 and PW 6 were waiting at Bagan Bazar.
With the help of others, he took his brother up to the main road and thereafter took him to the hospital in a police van.
At about 0630 p.m., according to him, he numbericed that Tapan Chakraborty accompanied by about 15 persons crossing the river in a boat.
In his evidence, he deposed that Tapan Chakraborty, the deceased, was known to him.
When they were waiting in the passenger shed, it was drizzling and at that time they saw a good number of persons proceeding towards Ferry Ghat out of them he recognized Tapan Das A 5 , Gautam Das A 11 , Pradip Das A 9 and Anil Das A 1 .
He admitted that Tapan Chakraborty was his eldest brother.
He also clarified that two of the miscreants were supporters of Amara Bengali Party.
Besides, he was the Vice Chairman of the Kalyanpur Panchayat Society.
At that point of time, Tapan Das A 5 and Gautam Das A 11 fired two rounds of bullet from their pistols on Tapan Chakraborty.
His evidence shows that he was also in the boat, however, he only mentioned that accused Uttam Shil A 8 was found near the venue of the meeting and he narrated about the enquiry made by him whether Tapan Chakraborty would attend the meeting.
They opened gun fire in the air.
Apart from eye witnesses PW 1 and PW 3, another eye witness Benu Ranjan Dhupi PW 11 was also present in the boat.
Accordingly, their Secretary, Sunil Deb scribed an ejahar as per the version of PW 1 and after writing the same, he read over the same to him and after satisfying that it was written as per his version, he put his signature therein.
Like, PW 4, he also narrated that while he was sitting in the passenger shed, he saw a group of 12/14 persons proceeding towards Santinagar Ferry Ghat, out of which, he recognized Tapan Das A 5 , Gautam Das A 11 , Pradip Das A 9 and Somesh Das A 7 .
Suddenly, he heard the sound of two gun shots and immediately when he looked forward, he saw a group of persons running away towards south east direction.
On 30.08.2000, at about 7/8 p.m., a meeting was companyvened in the house of the accused Tapan Das A 5 .
He mentioned the following persons as accused, namely, Anil Das A 1 , Ashim Bhattacharjee A 2 , Shailendra Das A 3 , Mrinal Das A 4 , Tapan Das A 5 , Bikash Das A 6 , Somesh Das A 7 , Uttam Shil A 8 , Pradip Das A 9 , Subal Deb A 10 , Gautam Das A 11 , and Radha Kant Das A 13 .
He asserted that during his stay in police custody, he was number interrogated by police.
On seeing them, all the assailants fled towards south east direction.
He further explained that he along with others went to Santinagar to escort Tapan Chakraborty.
In cross examination, he denied the suggestion that he companyld number recognize Tapan Das A 5 , Pradip Das A 9 and Gautam Das A 11 .
Pranab Chakraborty told him that Tapan had gone to Santinagar to attend a meeting.
Simultaneously, a bomb had exploded on the other side of the river.
According to him, while they were waiting in the passenger shed, he had numbericed Anil Das A 1 proceeding hurriedly towards Bagan Bazar from the side of Ferry Ghat.
PWs 1 7 identified accused Somesh Das A 7 .
85/2000 with the Police Station, Kalyanpur, West Tripura, Tripura.
In cross examination, he admitted that the deceased was forefront leader of the CPI M party.
Thereafter, he fled from the spot due to fear.
He also informed the Court that the accused persons were the supporters of Congress I party.
One Sujit Das also signed the seizure list along with him.
Though Pradip Das A 9 was identified by Babul Dey PW 1 , Nehar Ranjan Deb PW 4 , Bidhu Urang PW 7 and Pranab Chakraborty PW 8 , inasmuch as his name has been deleted from the array of the appellants vide this Courts order dated 16.09.2009, there is numberneed to companysider his case in these appeals.
The deceased, Tapan Chakraborty, being the local leader of the CPI M party, resisted the students in making agitation and blocking up the road.
On companypletion of investigation, the investigating agency submitted charge sheet against him along with others for trial.
He admitted that Tapan Chakraborty was the Vice Chairman, Kalyanpur Panchayat Society and held several responsible posts in the CPI M party.
Corroborative evidence with regard to the statement of PW 6 In the FIR, the following persons have been named as accused relating to the occurrence, namely, Anil Das A 1 , Ashim Bhattacharjee A 2 , Shailendra Das A 3 , Mrinal Das A 4 , Tapan Das A 5 , Bikash Das A 6 , Somesh Das A 7 , Uttam Shil A 8 , Pradip Das A 9 , Subal Deb A 10 , Gautam Das A 11 , Ratan Sukladas A 12 turned approver and Radha Kant Das A 13 .
When he along with others returned to the place of occurrence, he found Tapan Chakbraborty lying on the ground in injured companydition.
Eye witnesses in the passenger shed Now, let us discuss the eye witnesses who were present in the passenger shed.
He also asserted that he lost his mental peace as the murder of Tapan Chakraborty was taken place before his own eyes and he was also directly involved in his killing.
On 31.08.2000, in the evening, at around 0630 p.m., he went to a tea stall at Bagan Bazar and found Pranab Chakraborty PW 8 , younger brother of Tapan Chakraborty.
He numbericed Tapan Chakraborty and others getting down from the boat and as soon as they got down, the miscreants dragged Tapan Chakraborty.
Though it was pointed out that he had number stated all the abovementioned details in the companyplaint, on going through the same, we are satisfied that all relevant details have been stated in the companyplaint and the omission to mention is only negligible.
Apart from three persons mentioned above, he also stated that about 10/12 persons attacked Tapan Chakraborty.
On the basis of the FIR, a case was registered under Sections 148, 149, 326 and 307 of the IPC read with Section 27 of the Arms Act, 1959 against eight persons, viz.,
One Ramakant Paul PW 10 was one of the 15 persons who accompanied Tapan Chakraborty.
Like PW 1, he also explained that the meeting was held at Santinagar between 300 p.m. to 545 p.m. He along with Tapan Chakraborty and others reached Santinagar through Ferry Ghat.
PWs 1, 4, 7 and 8 identified accused Pradip Das A 9 .
He asserted that after the companymission of offence the miscreants fled towards south.
There is numbercontradiction with regard to the identification of the said three assailants.
He asserted that the group of persons who were found running away from the Ferry Ghat was the same whom he saw earlier proceeding towards Ferry Ghat from Bagan Bazar.
All the accused persons including PW 6 were present in the said meeting wherein it was decided to eliminate Tapan Chakraborty as he stood against the students movement.
He also mentioned that besides him Pranab Chakraborty PW 8 , Nahar Ranjan Deb PW 4 , Satyendra Tanti PW 9 were also present there.
They lifted him and brought him on the main road and with the help of a Police Mobile Van they took him to Kalyanpur Hospital.
Somesh Das A 7 , Mrinal Das A 4 , Tapan Das A 5 , Ashim Bhattacharjee A 2 , Pradip Das A 9 , Shailendra Das A 3 , Subal Deb A 10 and Gautam Das A 11 and others.
M.P.17812 of 2008 The companyvicted accused, Tapan Das A 5 and Gautam Das A 11 , against the same order of the High Court dated 29.01.2008 companyfirming their companyviction under Section 302 IPC and imposing life sentence with a fine of Rs.3,000/ each, in default, to suffer simple imprisonment for three months filed this appeal by way of special leave petition with a delay of 62 days.
PWs 1 4 identified Mrinal Das A 4 .
He further explained that out of repentance, he once made an attempt to companymit suicide by hanging himself at his residence in the middle of the month of March, 2004.
According to him, after 10 days of the aforesaid occurrence, he met Ramakanta Paul PW 10 at Bagan Bazar.
Due to fear, they fled at a distance of 10 cubics from the place of occurrence and some people who were waiting in the passenger shed rushed to the spot.
It was he, who identified Ratan Sukladas A 12 , Radha Kant Das A 13 and Bikash Das A 6 as the members of attacking group.
One Pranab Chakraborty was examined as PW 8.
On this issue, the students had blocked the road.
He also asserted that he had decided to disclose the whole incident voluntarily on the advise of the members of his family.
Babul Dey was examined as PW 1.
After 5/7 minutes, he had seen about 10 youths proceeding towards Ferry Ghat from the direction of Bagan Bazar.
He further explained that they reached Ferry Ghat at around 0545 p.m. and took shelter in the passenger shed as, at that time, it was drizzling.
They crossed the river by boat and got down on the other side of the river and in that process, according to him, he heard sound of gunshot and simultaneously a bomb was hurled from the other side of the river.
He also mentioned that Ramakanta Paul PW 10 , Prabir Biswas PW 12 , Nilai Das PW 3 , Benu Ranjan Dhupi PW 11 , Sujit Das, Subrata Das, Rajesh Das were in the boat along with his brother while crossing the river Another witness from the passenger shed was Satyendra Tanti PW 9 .
During the investigation, the Investigating Officer arrested 13 accused persons and on companypletion, filed a report under Section 173 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code under Sections 148, 149, 326 and 302 IPC and Section 27 of the Arms Act against Somesh Das A 7 , Mrinal Das A 4 , Tapan Das A 5 , Ashim Bhattacharjee A 2 , Pradip Das A 9 , Shailendra Das A 3 , Subal Deb A 10 , Gautam Das A 11 , Anil Das A 1 , Bikash Das A 6 , Uttam Shil A 8 , Ratan Sukladas A 12 and Radha Kant Das A 13 .
They carried him upto main road and then they took him in a police mobile van.
In his examination in chief, he stated that Tapan Chakraborty was murdered on 31.08.2000 by some miscreants belonging to UBLF extremists group.
In the witness box, he identified his signature which was marked as Ex.1.
He also heard a sound of explosion of bomb on the other side of the river and the sound of two rounds of fire.
He also admitted that Tapan was related to his family.
In his evidence, Nehar Ranjan Deb PW 4 admitted that Tapan Chakraborty was known to him and he was his maternal uncle.
He also numbericed that the assailants were running towards numberth and they were 15/16 in number.
Even, according to him, the said Uttam Shil A 8 had disappeared from the place of meeting.
At once, he alongwith his companypanions rushed to Ferry Ghat and found Tapan Chakraborty in injured companydition.
On the very same day, at about 0835 p.m, one Babul Dey PW 1 lodged a First Information Report in short the FIR being FIR No.
According to him, prior to his death, he held many responsible posts in CPI M Party.
For that matter, PW 6 along with other accused developed a grudge in their minds to give Tapan Chakraborty a good lesson.
Delay companydoned.
Brief facts On 31.08.2000, a meeting was companyvened in West Santinagar S.B. School at the invitation of Durgapur Local Committee of Democratic Youth Federation of India in short DYFI .
After the meeting was over, Tapan Chakraborty, since deceased , a leader of DYFI accompanied by Babul Dey PW 1, Ganesh Kol PW 2, Nilai Das PW 3, Ramakanta Paul PW 10, Benu Ranjan Dhupi PW 11 and Prabir Biswas PW 12 reached Santinagar Ferry Ghat to cross the river on way to home, on the other side of the river.
About his change of mind, in cross examination, he explained that since 31.08.2000 till mid of March, 2004, he had been running amok.
Next witness who was present in the passenger shed was Bidhu Urang, examined as PW 7.
At about 6.30 p.m., when Tapan Chakbraborty and his companypanions disembarked from the boat, Ratan Sukladas A 12 dragged him down and when he fell on the ground, Tapan Das A 5 and Gautam Das A 11 shot at him causing severe bullet injuries.
1994 of 2009 This appeal is filed against the final judgment and order dated 29.01.2008 passed by the Gauhati High Court, Agartala Bench in Criminal Appeal No.
After finishing their job, the assailants fled away.
During the aforesaid intervening period, he did number meet any people to express his mental agony.
After companypletion of the meeting, all the participants including him left for Kalyanpur by crossing the river by a boat.
According to him, as directed by Tapan Chakraborty, he reached Santinagar at 300 p.m. He mentioned that Uttam Shil A 8 enquired from him whether Tapan Chakraborty would attend the meeting.
In order to protect themselves from the rain, they took shelter in the passenger shed at around 0530 p.m. He also stated in the examination in chief about the meeting at Santinagar and explained that the deceased Tapan Chakraborty went to Santinagar to attend that peace meeting organized by DYFI.
He saw Anil Das A 1 companying hurriedly from the other side of the river.
The accused persons, namely, Pradip Das A 9 , Tapan Das A 5 , Somesh Das A 7 and Gautam Das A 11 were identified in the Court by name and face by PW 7.
In his evidence, he narrated the entire events companymencing from companyspiracy ending with gunshot on the deceased Tapan Chakraborty.
Sathasivam, J. Criminal Appeal No.
As soon as Tapan Chakraborty and others got down from the boat, one of the accused shouted to attack him.
The miscreants, after companymission of offence, fled towards south east direction.
The four eye witnesses, namely, Nehar Ranjan Deb PW 4 , Bidhu Urang PW 7 , Pranab Chakraborty PW 8 and Satyendra Tanti PW 9 were waiting in the passenger shed on the opposite bank of the river and when the assailants had attacked the victim all of a sudden, they rushed to the spot.
The other three persons in the boat were Ganesh Kol PW 2 , Ramakanta Paul PW 10 , and Prabir Biswas PW 12 .
They took Tapan Chakraborty to Kalyanpur Hospital in a mobile police van.
For this, PW 1 has explained that they took the injured to Kalyanpur Hospital first and later on, in association with his party supporters, he lodged a companyplaint.
Likewise, it was companymended by the companynsel for the appellants that though there were some police personnel in the police mobile van, PW 1 did number disclose the incident to any of those police officials traveling in the said vehicle.
On the advise of the doctors, Tapan Chakraborty was shifted to G.B. Hospital, Agartala.
After companycluding the meeting, Tapan Chakraborty and others including PW 11 got into the boat to cross the river.
Criminal Appeal No.1719 of 2011 SLP Crl.
