MOHAN MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The Petitioners, eight in number, namely, 1. Sri Mohan Miah, 2. Sri Khokan Miah, 3. Shri Salim Miah, 4. Sri Abu Kwcher, 5. Sri Jashim Miah, 6. Sri Abul Kalam, 7. Sri Abdul Mannan and 8. Abdul Karim (hereinafter referred to as' A1' to' A8' respectively) filed the instant criminal revision petition as they being added as accused in the charge sheet filed by the investigating authority in Sonamura P.S. Case No. 34/2002 under Sections 148/149/448/326 IPC, faced trial before the learned Judicial Magistrate, First Class, Sonamura in Case No. GR 79/2002 wherein the learned Judicial Magistrate convicted Khokan Miah under Section 148 and sentenced him to suffer RI for two years and to pay a fine of Rs. 1,000/-, i.d. to payment of fine to suffer further imprisonment for one month. He was further convicted under Section 324 read with Section 149 IPC and sentenced to SI for six months as well as convicted under Section 324 IPC read with Section 149 and sentenced to suffer RI for two years under the said sections and also to pay a fine of Rs. 500/-, i.d. to payment of fine money to suffer further imprisonment for a period of one month. Salim Miah was convicted under Section 148 IPC and sentenced to suffer RI for two years and to pay a fine of Rs. 1000/-, i.d. to payment of fine to undergo suffer imprisonment for one month. He was also convicted under Section 448 IPC and sentenced to suffer SI for six months. He was further convicted under Section 324 IPC read with Section 149 IPC and was sentenced to suffer RI for two years and to pay a fine of Rs. 500/-, i.d. to payment of fine, to suffer further imprisonment for one month. All the sentence of Khokan Miah and Salim Miah were ordered to run one after Anr. . Convict Mohan Miah was convicted under Section 148 IPC and sentenced to suffer two years RI and he was further convicted under Section 448 IPC and sentenced to suffer imprisonment for six months. He was also convicted under Section 324 read with Section 149 IPC and sentenced to suffer RI for two years and all his sentences were to run one after Anr. . Convict Abdul Mannan @ Mona Miah was convicted under Section 148 IPC and was sentenced to suffer RI for two years and to pay a fine of Rs. 1,000/- and i.d. to payment of fine to suffer imprisonment for one month. He was further convicted to undergo SI for six months under Section 448 IPC and to suffer two years RI under Section 324 read with Section 149 IPC and each of the sentences were to run one after Anr. . Convict Abul Kalam was sentenced to pay fine money of Rs. 5,000/- under Section 148 IPC and i.d. to payment of fine to suffer SI for six months and to pay a fine of Rs. 1,000/- under Section 448 IPC and i.d. to payment of fine shall suffer SI for two months. He was further sentenced to pay fine money of Rs. 4,000/- under Section 324 read with Section 149 IPC and i.d. to payment of fine to suffer SI for eight months. Convict Abdul Karim was convicted under Section 148 IPC and sentenced to suffer RI for two years and to pay fine of Rs. 5,000/- i.d. to payment of fine to suffer SI for six months. He was also sentenced to suffer SI for six months under Section 448 of IPC and RI for two years under Section 324 of IPC, read with Section 149 of IPC and to pay a fine of Rs. 4,000/-, i.d. to payment of fine to suffer further SI for eight months and all the sentences were to run concurrently. Convicts Jashim Miah and Abu Kauchar were sentenced to suffer RI for one year under Section 148 IPC and to pay fine of Rs. 1,000/- each, i.d. to payment of fine to suffer further imprisonment for six months each. Both the convicts were sentenced to suffer SI for six months under Section 448 IPC and also to suffer RI for two years under Section 324 IPC read with Section 149 IPC and the sentences were to run one after Anr. . The said conviction was upheld by the learned Addl. Sessions Judge, Sonamura in Crl. Appeal No. 5(1)/2006 with some modification of the sentences, inter alia, that the substantive sentences of imprisonment inflicted upon the convict Appellants i.e. A1 to A8 herein would run concurrently and the sentences in regard to payment of fine and compensation to the victim remained unchanged.

(2.) Being aggrieved by the aforesaid judgment of the Appellate Court the Petitioners, A1 to A8, filed the present revision petition.

(3.) Heard Mr. S. Das, learned senior Counsel assisted by Mr. K.K. Pal, learned Counsel for the accused Petitioners as well as Mr. A. Ghosh, learned Addl. PP for the State Respondents.