GOURANGA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These two criminal appeals, being Cri. Appeal No. 76 of 2003 and Cri. Appeal No. 77 of 2003, having been filed challenging the judgment of the learned Sessions Judge, West Tripura, Agartala passed in S.T. (WT/A) No. 32 of 2002 convicting the appellants on 17-9-03 for the commission of the offence under Section 302, I.P.C. read with Section 34, I.P.C. and sentencing each of them on 18-9-03 to imprisonment for life and fine of Rs. 5,000/- and in default, to undergo R.I. for six months, have been heard together. Shri A. Banerjee, learned Counsel appearing on behalf of the appellant, Gouranga Das and Shri S. Sarkar, learned Counsel appearing on behalf of the appellants, Chuni Lal Das and Khitish Rudrapaul have been heard at length and A. Ghosh, learned Addl. P. P. is also heard on behalf of the respondent.

(2.) The present appellants, namely, Gouranga Das, Chuni Lal Das and Kshitish Rudrapaul and six other accused persons, namely, Mottilal Das, Mohanlal Das, Dulal Das, Rati Ranjan Das, Kajal Sarkar and Nepal Rudrapaul were jointly charged for the commission of the offence of rioting armed with deadly weapons punishable under Section 148, I.P.C. on or about 9-8-1990 at 11 a.m. at Tuishindrai Market under Teliamura Police Station as well as for the commission of the offence of murder of one Subhas Rudrapaul of South Pulinpur P. S. Teliamura on the same day and time in furtherance of the common intention of all to cause his death. The specific sections of Indian Penal Code mentioned in respect of the said charge of murder are Section 302, I.P.C. read with Section 149, I.P.C. and Section 302, I.P.C. All the accused persons pleaded not guilty to the said charges and claimed to be tried. Thereafter, all the said 9 accused persons were tried jointly.

(3.) 14 (fourteen) PWs were examined on the side of the prosecution. All the accused persons were examined under Section 313, Cr.P.C. Purportedly, on not finding sufficient evidences, four of the accused persons, namely, Dulal Das, Rati Ranjan Das, Kajal Sarkar and Nepal Rudrapaul were acquitted of the charges before calling upon the remaining accused persons to enter on their defences. No DW was produced on behalf of the said remaining accused persons. After trial, the learned Sessions Judge, West Tripura, Agartala, vide the impugned judgment, convicted Gouranga Das, Chuni Lal Das and Kshitish Rudrapaul and sentenced them to imprisonment and fine as already mentioned above. The two remaining accused persons, namely, Motillal Das and Mohan Lal Das, were acquitted of the said charges by giving benefit of doubt.