PADMA SADHAN JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 12.05.2004, passed by the learned Sessions Judge, South Tripura, Udaipur in Case No. S.T. 109 (ST/U) of 2002. By the impugned judgment and order aforesaid, the learned Sessions Judge convicted Sri Padma Sadhan Jamatia (hereinafter called 'the Appellant') and Sri Tripura Ranjan Jamatia @ Thuluksa, under Sections 364A, 302 and 201 of the Indian Penal Code (hereinafter called 'IPC') and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each, in default, to suffer rigorous imprisonment for another period of six months for the offence under Section 364A of IPC. Both the convicts were also sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each, in default, to suffer rigorous imprisonment for another period of six months for the offence under Section 302 of IPC and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- each, in default, to suffer rigorous imprisonment for a further period of two months each for the offence under Section 201 of IPC. It was also directed that both the sentences shall run concurrently. The convicts were also given the benefit of set off under Section 428 of the Code of Criminal Procedure (hereinafter called Code of Criminal Procedure). Being aggrieved by the said judgment and order of conviction and sentence, the present Appellant has come up with this appeal challenging the legality and correctness of the impugned judgment and order aforesaid.

(2.) We have heard Mr. N. Majumder, learned Counsel appearing for the Appellant and Mr. D. Sarkar, learned Public Prosecutor for the State-Respondent.

(3.) The prosecution case, as unfolded at the trial, in brief may be stated as follows: