SUMAN MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. Majumder, learned counsel appearing for the appellant and Mr. S. Debnath, learned Addl. P.P. appearing for the State.

(2.) This appeal arises out of the judgment and order of conviction and sentence dtd. 21/12/2018 in Case No. Sessions Trial 15 (Type-I) of 2018 passed by Sessions Judge, Belonia, South Tripura wherein the Sessions Judge had convicted the accused-appellant for the offence punishable under Sec. 147 IPC for 6(six) months R.I., under Sec. 447 IPC for 2 months RI, and 3 years and fine under Sec. 27(1) of Arms Act. The appellant is sentenced to suffer rigorous imprisonment for 10(ten) years for commission of offence punishable under Sec. 307 read with Sec. 149 of the IPC. Villagers handed over accused Suman Miah to BSF.

(3.) The case of the prosecution in brief is that on 8/3/2017 at around 8 p.m. a group of 10-12 miscreants wearing uniform of Bangladesh Police being armed with fire arms went to Muslim Para wherein eleven Indian family reside on the other side of Indo-Bangladesh Border fencing, but within Indian territory. The miscreants started ransacking and looting household articles, but the villagers showed their courage and resisted the miscreants. Consequently, the miscreants opened fire from their fire arms indiscriminately. Subsequntly, Kabir Ahmed, Hanif, Selim Uddin, Layla Aktar, Abdul Mannan and Delwar Hossein sustained injuries. The miscreants fled away but one of the miscreants was caught by the villagers. His name is Suman Miah. Being informed, BSF Jawans and police party arrived at the P.O. and it was detected that the dead body of another miscreants was lying. His name is Md. Mir Nowsad Ali.