NARAYAN NOATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) WHODUNNIT. 12 offenders came; 2 of them with an axe and dao, some with lathis and some bare handed; caused death to 3 inmates of the family. All the perpetrators, being co-villagers, were identified and named in the FIR. One of them inadvertently mentioned as accused, was discharged. He was a relation of the informant and the victim families. But all the other 11 accused have been convicted and sentenced. This appeal has been preferred against the judgment and order dated 14.09.2006 rendered by the learned Additional Sessions Judge, West Tripura, Sonamura in Case No. ST 8(W.T.S.)/05 convicting all the accused appellants under Sections 148/448/302 read with Section 149 IPC, sentencing each of them to suffer R.I. for 2 years for the offence punishable under Section 148 IPC, to suffer R.I. for 1 year for the offence punishable under Section 448 IPC and to suffer R.I. for life and to pay a fine of Rs.3,000/- each, in default, to suffer imprisonment for a further period of 6 months for the offence punishable under Section 302 IPC read with Section 149 IPC with a direction that the substantive sentences of imprisonment shall run concurrently.

(2.) WE have heard Mr. H. Debnath, learned counsel appearing for the convict appellants and Mr. R. Debnath, learned Special Public Prosecutor for the State of Tripura.

(3.) MR. H. Debnath, learned counsel appearing for the convict appellants, made the following submissions :