STATE OF TRIPURA Vs. NURUL AMIN

JUDGEMENT

(1.) This appeal under Section 378 of the Code of Criminal Procedure (hereinafter called 'Code of Criminal Procedure') is directed against the judgment and order, dated 11.08.2005, passed by the learned Addl. Sessions Judge, Sonamura, West Tripura, in Case No. S.T. 10 (WT/S) of 2002. By the impugned judgment and order aforesaid, the learned Addl. Sessions Judge, acquitted the Respondents from the liability of charge framed under Section 396 of the Indian Penal Code (hereinafter called 'IPC') read with Section 27(3) of Arms Act.

(2.) The prosecution case, as unfolded at the trial, in brief may be stated as follows:

(3.) In order to prove the charges brought against the accused persons, the prosecution examined as many as 16 witnesses including the Medical Officer and the Investigating Officer. At the conclusion of the evidence for the prosecution, the accused persons were examined under Section 313 Code of Criminal Procedure. They denied the allegations brought against them and stated that they were falsely implicated due to enmity. The accused persons declined to adduce any defence witness. At the close of the trial, considering the evidence on record, the learned trial Judge came to the finding that there was no substantive evidence to believe that the P.Ws., more particularly, P.Ws. 4, 11 and the deceased could identify the accused persons on that dark night and held that the involvement of the accused persons in the alleged crime could not be established, beyond all reasonable doubt. Accordingly, for want of sufficient evidence, the learned trial Judge, acquitted the accused persons, namely, Sri Nurul Amin, Sri Abul Kashem, S/o Sultan Miah and Sri Abul Kashem, S/o Chhoban Miah, who faced the trial and set them at liberty.