LAWS(SC)-2000-2-72

KAKACHAND BHOWMIK Vs. STATE OF TRIPURA

Decided On February 03, 2000
KALACHAND BHOWMIK Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) The appellants are only two now as all other co-accused got dropped off on the way. They were a crowd in the beginning but when the charge-sheet was laid there were twenty four persons for offences under Sec. 302 read with Sec. 149 and Ss. 148 and 201 of the Indian Penal Code. When the Sessions Judge examined the case for the purpose of framing the charge he found that only ten can be charged and hence discharged the remaining fourteen at the stage of Sec. 227 of the Criminal Procedure Code. After trial, four persons were convicted by the trial Court under Sec. 302 read with Sec. 34 and sentenced each of them to imprisonment for life. They and the remaining were convicted under Sec. 148 of the Indian Penal Code for which short term of imprisonment had been awarded. We are told that those remaining accused who were convicted only under Sec. 148 of the IPC have completed their jail sentence and are not interested in challenging the conviction. The convicted four persons including, two appellants filed appeal before the High Court and a Division Bench confirmed the conviction of the appellants for the offence under Sec. 302 read with Sec. 34 of the IPC. The other two were acquitted. Thus the present two appellants have filed this appeal by special leave.

(2.) The charges framed against A.3 Hemanta Tripura and A.4 Jatindra Tripura have been read out by Dr. U.R. Lalit, learned senior counsel who argued for the appellant to show that those two persons were specifically charged for the murder of the deceased-Nepal Das in this case, whereas the present appellants were charged only with Sec. 302 read with Sec. 149 of the I.P.C.

(3.) The substance of the allegation against them was that on 21-6-1990 at about 4.00 p.m. they along with their companions who all belonged to Communist Marxist party chased the deceased Nepal Das (who belonged to the Congress Party) and finally they succeeded in intercepting the victim and some of the assailants strangulated him to death. The specific role attributed to the present appellants is that they inflicted blows with lathis and nothing else.