GOPAL DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. HK Bhowmik, learned counsel appearing for the appellants, as well as Mr. S Ghosh, learned Addl. PP appearing for the State.

(2.) The appellants were charged under Sections No. 341/34, 307/34, 323/34, 354B/34 of the IPC and upon a regular trial were convicted under Sections 325/34 and 341/34 of the IPC by the Sessions Judge, Unakoti Judicial District, Kailashahar.

(3.) It appears from the judgment dated 17.10.2013 delivered in S.T. 20(NT/K)/2014, questioning which this appeal has been filed by the appellants, the Sessions Judge proceeded with the assumption that offence punishable under Section 325/34 of the IPC is minor and cognate offence to Section 307/34 of the IPC. It may be noted that the charge was framed under Section 323/34 of the IPC which cannot by any consideration be treated as minor to the offence punishable under Section 325/34 of the IPC.