MD. AZIZUR RAHAMAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal under Section 374 of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 29.11.2011 passed by the learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial Case No. S.T. 16(NT/K) of 2003, whereunder the learned Sessions Judge found the accused -appellant guilty of committing offence punishable under Section 324/458 of IPC and sentenced him to suffer R.I. for two years and to pay a fine of Rs.5,000/ -, in default of payment of fine to suffer S.I. for six months under Section 324 of IPC and again sentenced him to suffer R.I. for five years and to pay a fine of Rs.10,000/ -, in default of payment of fine to suffer S.I. for six months under Section 458 of IPC.

(2.) HEARD learned counsel, Mr. A. Bhowmik, for the appellant and learned Additional Public Prosecutor, Mr. R. C. Debnath, for the State -respondent.

(3.) BRIEFLY stated the prosecution case is that on the intervening night of 14.01.2002 and 15.01.2002, Asid Ali @ Ashique Ali (P.W.2) along with his wife, Amirunnesa (P.W.4), their son, Nurul Islam (P.W.14) and daughter, Rajina Begam (P.W.15) and their relative, Sobha Miah (P.W.3) were sleeping in their residential hut at village Yazikhowra under P.S. Kailashahar and at about 02 -00 am of the night, dacoits, numbering 6/7 persons, armed with heavy sharp weapons and gun forcibly broken open the door of the hut and trespassed in the hut. P.W.2, Asid Ali when tried to resist the dacoits, they assaulted him physically inflicting blows with sharp weapon and when P.Ws 4 and 14 went to rescue P.W.2, the dacoits inflicted dao blows causing injuries to the person of P.W.4 and also fired from a country made gun towards P.W.14 causing bullet injury in his abdomen. The dacoits also caught P.W.3 and tied him in the attached room. On hearing the hue and cry of the inmates of the house, the neighbourers rushed there and the dacoits fled away. The neighbourers took P.Ws 2, 4 and 14 to R.G.M. Hospital, Kailashahar for treatment on the night itself.