LAWS(GAU)-2010-4-64

HIRENDRA TRIPURA AND ORS Vs. STATE OF TRIPURA

Decided On April 22, 2010
Hirendra Tripura And Ors Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) By judgment and order, dated 14.9.2005, passed, in Sessions Case No. ST 14(ST/B) 2005, by the learned Additional Sessions Judge, Belonia, South Tripura, while three of the four accused-appellants namely, 1. Hirendra Tripura, 2. Naradhan Tripura, and 3. Gaticharan Tripura, stand convicted under Section 302 read with Section 34, IPC, the accused-appellant, Hirendra Tripura, stands convicted under Section 201, IPC too. For their conviction under Section 302 read with Section 34, IPC, while all the said three accused-appellant stand sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- each and, in default of payment of fine, suffer simple imprisonment for a period of one year, accused-appellant/Hirendra Tripura, stands, for his conviction under Section 201, IPC too, sentenced to suffer imprisonment for three years. As far as the fourth accused-appellant, namely, Ashidhan Tripura, is concerned, he stands convicted under Section 201, IPC only and sentenced accordingly to suffer simple imprisonment for a period of four years and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer one year simple imprisonment, all the sentences having been directed to run against the accused-appellants concurrently.

(2.) The materials facts, as unfolded at the trial, may, in brief, be set out thus:

(3.) During trial, charges under Section 148 and also under Sections 302 and 201, read with Section 149 of the IPC, were framed against all the said twelve accused persons. A charge under Section 27 of the Arms Act was also framed against all the said accused persons. To the charges, so framed, all the accused persons aforementioned pleaded not guilty.