RABINDRA DEBATRATA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment and order, dated 25.01.2005, passed by the learned Sessions Judge, North Tripura, Kailashahar, in Sessions Trial Case No. 37(NT/K)/2004, is in challenge in this appeal. The Appellants, namely, (1) Sri Rabindra Debatrata, (2) Sri Hari Sankar Debatrata, (3) Sri Harish Chandra Debatrata, (4) Sri Ruparaj Purakayastha and (5) Sri Nishan Purakayastha @ Ishan Purakayastha (hereinafter called the Appellants), were tried in the said case, under Sections 448, 324 and 302, read with Section 34 of the Indian Penal Code (hereinafter called 'IPC') and, they were convicted and sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- each for their conviction under Section 302 read with Section 34 IPC and suffer rigorous imprisonment for one year for their conviction under Section 324 IPC. Appellants Sri Hari Sankar Debatrata, Sri Harish Chandra Debatrata, Sri Ruparaj Purakayastha and Sri Nishan @ Ishan Purakayastha, were sentenced to suffer rigorous imprisonment for three months for their conviction under Section 447 IPC and Sri Rabindra Debatrata, was sentenced to suffer rigorous imprisonment for six months for his conviction under Section 448 IPC. By the impugned judgment and order, it was directed that all the sentences shall run concurrently.

(2.) The prosecution case, as it reveals at the trial, in brief, may be stated thus:

(3.) During the investigation, police prepared inquiry report, forwarded the dead body of the deceased for post mortem examination, prepared a sketch map of the place of occurrence and recorded the statement of witnesses. At the close of the investigation, police submitted charge sheet against the Appellants, under Sections 448, 326, 302 read with Section 34 of IPC and forwarded them to the Court to stand trial. The learned Sessions Judge, framed the charges against the accused-Appellants for the offences under Sections 448/324/302 read with Section 34 of IPC. The charges were explained and read over to the accused persons, to which they pleaded not guilty and claimed to be tried.