RAM KRISHNA SAHA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THE instant revision petition is directed against the judgment and order dated 15.09.2006 passed by the learned Addl. Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 34(3)/2005 convicting the petitioners, namely, Sri Sampad Saha and Sri Ram Krishna Saha under Section 325 read with Section 34 IPC and sentencing them to suffer R.I. for two years and to pay a fine of Rs. 1000/ - each, in default of payment to undergo simple imprisonment for three months, modifying the order of conviction dated 9.8.2005 passed by the learned Chief Judicial Magistrate, South Tripura, Udaipur in GR case No. 27 of 2003 convicting the petitioners and another under Sections 148/325 read with Section 149 IPC and sentencing them to suffer R.I. for two years for committing offence under Section 148 IPC and also to suffer R.I. for four years for committing offence under Section 325 read with Section 149 IPC.

(2.) THE prosecution case, in short, is as follows:

(3.) DURING the course of investigation, the I.O. (P.W. 10) visited the place of occurrence and prepared site plan (Ext. 6). He also examined the witnesses and recorded their statements under Section 161 Cr. P.C. He also seized one napkin, which was wrapped up in the neck of the victim in presence of the witnesses by making seizure list (Ext. 4).