MD. MAJID MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction and sentence dtd. 4/1/2021, passed by learned Addl. Sessions Judge, West Tripura, Agartala in connection with ST (T-I) 38 of 2015, whereby and whereunder the appellants were convicted and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.25,000.00 each with default stipulation for committing offence punishable under Sec. 302 of the Indian Penal Code.

(2.) Shortly stated, the prosecution case was set on motion on the basis of the written complaint lodged by one Abdul Rahim (hereinafter referred to as 'informant') against the accused persons, namely (i) Md. Helal Miah, (ii) Md. Khurshed Miah, (iii) Md. Murshed Miah, (iv) Sheikh Mujibur Khan, (v) Md. Rashid Miah, (vi) Md. Sajal Miah, (vii) Md. Iqbal Miah, (viii) Sheikh Rabi Khan, (ix) Md. Dulal Miah, (x) Mst. Jarina Begam, (xi) Mst. Hafija Khatoon, (xii) Md. Mirjan Miah and (xiii) Md. Rafique Miah. It is stated, inter alia that on 27/9/2013 at about 7.30 pm, one Shahjahan Miah (here-in-after referred to as 'deceased'), nephew of the informant went to the shop of accused Khurshid Miah for purchasing certain articles. At that time, all the accused persons armed with lathi (stick), iron rod, etc. made a preplanned attack upon the deceased and assaulted him by making blows indiscriminately causing serious bleeding injuries on various parts of his body including head, and as a result, the deceased lost his sense at the spot. Deceased was, thereafter rescued by his brother Rabiul Alam accompanied with other local people and brought him to local hospital for treatment. Initially, the deceased was referred to ILS Hospital wherefrom he was taken to Apollo Hospital, Kolkata for better treatment. During treatment in the hospital at Kolkata the deceased succumbed to his injuries on 1/10/2013.

(3.) The said written complaint lodged on 27/9/2013 had led the Officer In-charge, West Agartala Police Station to register a specific case vide West Agartala PS Case No.305/2013 under Ss. 341/325/34 of IPC. Investigation was carried on initially by SI Adhar Debbarma (here-in-after referred to as the 1st IO) and subsequently the investigation was entrusted to Inspector Milan Ch. Dutta (here-in-after referred to as the 2nd IO). On conclusion of investigation, charge-sheet was submitted under Ss. 341/302/34 of IPC against all the above named accused persons.