SWAPAN GACHI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Five convicts have preferred the instant appeal questioning the sustainability of the judgment and order dated 07.12.2016, in Case No. ST (T-1) 07 of 2014, whereby the learned Additional Sessions Judge, Khowai, West Tripura, has convicted and sentenced them to suffer rigorous imprisonment for 5(five) years and to pay a fine of Rs.1,000/- (Rupees one thousand) for committing offence under Section 450 of IPC with default stipulation and further to suffer R.I. for 9(nine) years, for the offence under Section 304 Part II of IPC. It was directed that both the sentences shall run concurrently.

(2.) Briefly stated, prosecution case was set in motion on the basis of a complaint lodged by one Jitendra Debbarma, inter alia, stating that the accused-appellants on the issue of verbal abuses involving his daughter had entered into their house on 19.03.2013 A.D. at around 5:30/6:00 pm and started assaulting him, his parents and his wife at random with sticks. When they shouted the accused persons fled away. However, due to such assaults, all of them sustained bleeding injuries. His father, namely, Arjun Debbarma, aged about 80 years, sustained severe bleeding injuries on his head and being referred to G.B. Hospital, he expired there. The complainant claimed that the assaults inflicted by the appellants had resulted the death of his father.

(3.) Based on this complaint, the Officer-in-Charge, Khowai Police Station had registered FIR No.37/2013, dated 21.03.2013. Being endorsed, the investigating officer had commenced the investigation. All the five accused persons were arrested. After conclusion of investigation, the investigating officer submitted charge-sheet for offences under Sections 148/149/340/323/302 of IPC against the appellants. The concerned Magistrate committed the case to the Court of learned Sessions Judge, Khowai for trial.