FAZAL AHAMMED KHAN Vs. THE 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 27.11.2012 passed by the learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial Case No. S.T. 59(NT/K) of 2011, whereunder the learned Sessions Judge found the accused -appellant guilty of committing offence punishable under Section 304 Part -II of IPC and sentenced him to suffer R.I. for seven years and to pay a fine of Rs. 10,000/ -, in default of payment to suffer further S.I. for one year.

(2.) HEARD learned senior counsel, Mr. P.K. Biswas, for the appellant and learned Additional Public Prosecutor, Mr. R.C. Debnath, for the State -respondent.

(3.) FIR was lodged by P.W.15, Moula Miah, on the date of occurrence itself i.e., on 23.08.2010 at about 1315 hours and on the basis of that FIR, Kailashahar P.S. Case No. 168/2010 under Sections 302/326/325 read with Section 34 of IPC was registered and investigation was taken up. The appellant was named in the FIR along with 8 others and after completion of investigation I/O submitted charge sheet against the appellant and others and in course of trial learned Sessions Judge framed charges against the appellant and five others for commission of offence punishable under Section 302 read with Section 34 of IPC for causing death of Tanu Miah and under Section 323 read with Section 34 of IPC for voluntarily causing hurt to Tabarak Ali.