BISHU Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is presented under Section 374 of Cr.P.C. against the impugned judgement and order of conviction and sentence dated 16.01.2017 and 20.01.2017 respectively passed by the learned Additional Session Judge, West Tripura, Agartala, in case No. S.T. (T-1) 156 of 2002, whereby and where under the appellant has been convicted under Section 302/34 of IPC and thereby sentenced him to suffer RI for life and to pay a fine of Rs.10,000/- and in default to pay the fine to suffer Rigorous Imprisonment for a further period of one year.

(2.) Heard Ms. R. Purkayastha, learned counsel for the appellant and Mr. S. Debnath, learned Addl. PP appearing for the state-respondent.

(3.) The prosecution case, in a nutshell, is that on 01.05.2000 at about 10 a.m. in the morning while the informant and others were harvesting paddy in the paddy field with other labourers, at that time, Gopal Das Baishnab, S/O late Haridas Baishnab and Sri Krishna Debnath, S/O late Nikunja Debnath were sitting on the bank of the river Chichima. In the meantime three young tribal persons with arms appeared there as labourers and thereafter the said persons tried to kidnap the said Gopal Das Baishnab together with said Krishna Debnath and there was a scuffling between themselves but while they failed to kidnap, they suddenly opened fire aiming said Gopal Das Baishnab and Krishna Debnath and killed them on the spot. Upon receipt of the aforesaid written ejahar, FIR was registered under Jirania police station Case No. 67/2000 U/S. 302/34 of IPC read with section 27 of Arms Act against three unknown persons.