JAHAR DEBANTH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) After the matter was heard for some time, finding the Court not to be in favour of allowing the appeal, learned counsel for the appellant, under instructions, confined the appeal only on the question of quantum of sentence.

(2.) It is seen that the trial Court convicted the accused for having committed offence punishable under Ss. 326 and 307 of the Indian Penal Code (for short, IPC). The punishment imposed is rigorous imprisonment for a period of 7(seven) years with fine of Rs.5,000.00 (rupees five thousand) and in default thereof to undergo simple imprisonment for 3(three) months, in relation to offence punishable under Sec. 307 IPC and rigorous imprisonment for a period of 3(three) years with fine of Rs.5,000.00 (rupees five thousand) and in default of thereof to undergo simple imprisonment for 3(three) months in relation to offence punishable under Sec. 326 IPC.

(3.) As per the prosecution, the present appellant/convict Jahar Debnath along with other co-accused, assaulted Priyatosh Debnath with a sharp aged weapon, in relation to which FIR No.5/2014 stood registered at Police Station - Lefunga, West Tripura. All the accused were charged for having committed the offence but however, on the basis of the prosecution evidence led through 14 witnesses, the trial Court found the prosecution to have established the guilt, beyond reasonable doubt, only that of accused Jahar Debnath. The other accused, namely, Subodh Debnath, Chiranjit Debnath, Shiuli Debnath and Swapna Debnath stand acquitted. Undisputedly, no appeal stands preferred by the State against such acquittal.