SUDIP ALIAS TULTUL CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By Judgment and order, dated 21.7.2003, passed, in ST 49(WT/A) of 2000, by the Sessions Judge, West Tripura, Agartala, the two appellants, namely, Sudip Choudhury @ Tultul and Ashok Dhar, stand convicted under Sections 448 and 302 read with Section 34, IPC and sentenced, for their conviction under Section 302 read with Section 34, IPC, to suffer imprisonment for life and pay fine of Rs. 5,000 each and, in default, to suffer rigorous imprisonment for three months. By the impugned judgment and order, the appellants also stand sentenced to suffer, for their conviction under Section 448 read with Section 34, IPC, rigorous imprisonment for six months each. Both the sentences have been directed to run concurrently.

(2.) The prosecution's case, as unfolded at the trial, may, in brief, be described, thus:

(3.) During trial, charges against Amit Ghosh, Prabhat Sarkar, Sudip alias Tultul, Ashok Dhar and Swapan Karmakar, were framed under Sections 448 and 302 read with Section 34, IPC. To the charges, so framed, all the accused pleaded not guilty. As accused Amit Ghosh and Swapan Karmakar absconded, the trial proceeded against Prabhat Sarkar, Sudip alias Tultul Choudhury and Ashok Dhar. In the meanwhile, accused Swapan Karmakar surrendered in the court of Sessions and remanded to custody. Swapan Karmakar, then, filed a petition stating to the effect that he was willing to become an approver; his statement was, then, recorded and he was accordingly made 'approver'. The trial, therefore, proceeded against the remaining three accused persons, namely, Prabhat Sarkar, Sudip alias Tultul Choudhury and Ashok Dhar. So far as accused Amit Ghosh is concerned, he had, as indicated hereinbefore, absconded and has remained an absconder till date.