AHID MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE instant criminal revision petition is filed by the convict petitioners namely Ahid Miah and Tahid Miah against the judgment dated 07.08.2010 passed by the learned Sessions Judge, South Tripura, Udaipura in Criminal Appeal No. 16(3) of 2009 wherein the learned Sessions Judge affirmed the order of conviction under Section 436 read with Section 34 IPC and sentence to each of the petitioners to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.5,000/ - each and in default they are to suffer further rigorous imprisonment for one year and if the fine money is realized the same shall be given to the victim -complainant Smt. Ahenara Begam as compensation.

(2.) HEARD Mr. HK Bhowmik, learned counsel appearing for the petitioners as well as Mr. A.Ghosh, learned Public Prosecutor.

(3.) THE prosecution case, in short, is that on 17.10.2008 in the evening police went to the house of the complainant Smt. Ahenara Begum (PW -1) in search of her husband Mithun Miah on the basis of an allegation set by the accused petitioners of committing theft. Police did not find her husband Mithun Miah in the house. Thereafter both the accused persons went to the house of the complainant (PW -1) and threatened her on saying that they would drive out her and her husband from the locality. After that the complainant (PW -1) went to her father -in -law's house which was situated nearby her resident. On that night at about 11 p.m. she heard hue and cry and knowing the fact that there was a fire in her house, she ran to her house and found the accused petitioners were coming from their house. Stating the aforesaid facts she made a complaint in writing to the police of Natunbazaar police station and on the basis of that complaint a police case was registered being Natunbazaar PS case No. 34 of 2008 under Sections 436/34 IPC against the accused petitioners. and after investigation charge sheet was filed under the aforesaid Sections against the accused petitioners.