BIDYAPATI DEBBARMA Vs. AJOY DEBBARMA

JUDGEMENT

(1.) Heard Mr. P. Majumder, learned counsel appearing for the appellant as well as Mr. Ratan Datta, learned PP assisted by Mr. S. Debnath, learned Additional PP appearing on behalf of the respondent-State. Also heard Mr. PK Biswas, learned senior counsel assisted by Mr. R. Debnath, learned counsel for the accused-respondents.

(2.) This appeal arises out of the judgment and order of acquittal dtd. 26/4/2021 passed in connection with case No. S.T.(Type-1) 34 of 2016 by the learned Sessions Judge, West Tripura, Agartala, whereby and whereunder the accused-respondents no. 1 to 3 were acquitted from the charge framed against them under Sec. 302 read with Sec. 34 of the IPC.

(3.) The fact leading to filing of the present appeal, in a nutshell, is that, on 16/1/2016 at about 3.00 p.m. the complainant alongwith one of his friends, namely, Ananda Debbarma (the deceased) were standing near auto-stand of Montfort market in front of a restaurant and at that time the accused-respondents no. 2 and 3 arrived there and hit Ananda Debbarma with a piece of bamboo and also kicked him consequent to which Ananda Debbarma died on the spot.