PRADIP SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by two of the accused is dire-cted against the judgment dated 14.2.2002 whereby the learned trial court convicted the accused of having committed offences punishable under Section 365 read with Section 34, 302 read with Section 34 and 201 of the Indian Penal Code (IPC).

(2.) This appeal was initially filed by three accused Pradip Sharma, Sanjoy Nag and one other. During the course of this appeal, it appears that the third accused who was also convicted by the learned trial court was found to be a juvenile and since been dealt with as a juvenile. Therefore, this appeal has been taken up only as far as Pradip Sharma and Sanjoy Nag are concerned. The third accused is hereinafter referred to as 'Juvenile' for the sake of convenience and to make the chain of circumstances complete.

(3.) The learned trial court by its order dated 26.02.2002 sentenced the appellants to undergo rigorous imprisonment for life and pay fine of Rs.5,000/- in respect of the conviction under Section 302 and in default of payment of fine the accused were directed to undergo further rigorous imprisonment for two years. For the offence under Section 365, the accused were sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.2,000/- each and in default of payment of fine to undergo further rigorous imprisonment for one year. The accused were sentenced to rigorous imprisonment for five years and pay fine of Rs.2,000/- only and in default of payment of fine to undergo further rigorous imprisonment for one year in respect of the offence punishable under Section 201 of IPC. All the sentences to run concurrently.