RATAN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment and order, dated 28.02.2005, passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar, in case No. S.T. 35(NT/D) 2004, is in challenge in this appeal. By the unpugned judgment and order foresaid, the learned Addl. Sessions judge has convicted the Apellants, namely, Sri Ratan Debnath, Sri Dilip Debnath, Sri Jagadish Debnath and Sri Jahar Debnath for the offences under Sections 302 and 323 read with Section 34 of IPC and sentenced them, for their convictions under Sections 302/34 of IPC, to suffer imprisonment for life and pay a fine of Rs. 5,000/-. The accused-Appellants were also sentenced to suffer rigorous imprisonment for six months for their conviction under Section 323/34 of IPC. It was directed by the learned trial Judge that both the sentences shall run concurrently and that the fine realized from the accused-Appellants should be paid to the witnesses, namely, Sri Sadhan Debnath, Sri Bhajan Debnath and Sri Sudhir Debnath, in equal share.

(2.) We have heard Mr. H. Debnath, leamed counsel and Mr. P. Majumder, learned Amicus Curie, appearing on behalf of the Appellants. We have also heard Mr. R.C. Debnath, learned Special Public Prosecutor for the State-Respondent.

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