PROMODE SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants were charged separately under Section 323 read with Section 149 of the IPC and under Section 302 read with Section 149 of the IPC, under Section 148, 447 read with Section 149 of the IPC, under Section 506 read with Section 149 of the IPC for causing hurt to Narendra Biswas (PW-1) and death of Litan Biswas on 28.02.2013 at about 1500 hours at a place called Dighalia under Lefunga Police Station being members of unlawful assembly in prosecution of common object.

(2.) After the regular trial, by the judgment dated 05.01.2016 delivered in case No ST (Type-1) 17 of 2014, the appellants have been convicted under Sections 148/447/304 (part-II) read with section 149 of the IPC by the Addl. Sessions Judge, West Tripura, Agartala, Court No.2. But the appellants were discharged from the charge framed under Section 506 and 323 of the IPC. While returning the said finding of conviction, the trial judge has observed as follows:

(3.) Pursuant to the said conviction, the appellants were sentenced to suffer rigorous imprisonment for period of two years for committing offence punishable under Section 148 of the IPC and also to suffer rigorous imprisonment for three months for committing offence punishable under Section 447 of the IPC. That apart, one of the convicts namely, Subodh Sarkar is not appellant in the present appeal but he had filed a separate appeal being CRL.A.(J) No.08 of 2016 which was not pressed on 03.01.2020 as he was released from the jail on having special remission. For record, he had been sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs.10,000 with default stipulation. The appellants have been sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.5000/- with default stipulation for committing offence punishable under Section 304 Part II read with Section 149 of the IPC. It has been directed that the sentences shall run concurrently and the period of detention as undergone during the period of investigation and trial shall be set off from the substantive imprisonment. The said judgment of conviction and order of sentence have been challenged by the appellants namely Promode Sarkar (the appellant No.1), Usha Rani Sarkar (the appellant No.2), Madan Biswas (the appellant No.3), Manju Sarkar (the appellant No.4) and Radha Raman Biswas (the appellant No.5).