GAUTAM DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment and order, dated 17.07.06, passed by the learned Addl. Judge, West Tripura, Agartala, in S.T. (WT/A) No. 30 of 2005, is in challenge in this appeal. By the impugned judgment and order, the learned Sessions Judge convicted the Appellants under Sections 148 and Section 302 read with Section 149 of the Indian Penal Code (for short 'IPC') and sentenced each of them to suffer imprisonment for all for life and pay a fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for another period of six months. It was provided that the period of detention, already undergone by the Appellants, shall be treated as set off under Section 428 of the Code of Criminal Procedure (for short 'Code of Criminal Procedure').

(2.) The case of the prosecution, as revealed at the trial, may, in brief, be described thus:

(3.) The offence, under Section 302, IPC being exclusively triable by the Court of Sessions, the learned Sessions Judge framed charges against six persons, including the two Appellants, under Section 148 and Section 302 read with Section 149 IPC, to which they pleaded not guilty and claimed to be tried.