SUSHANTA SARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal has been preferred under Section 374 Cr.P.C. against the judgment dated 3.6.2003 passed by the learned Additional Session Judge (FTC), North Tripura, Kailasahar in Case No. S.T. 19(NT/K) of 1994 convicting the appellants under Section 304 Part II IPC read with Section 149 IPC and sentencing them to suffer R.I. for 5 years and also convicting the appellants under Section 148 IPC and sentencing them to suffer R.I. for 1 year.

(2.) THE story narrated by the prosecution is that on 9.7.2001 at about 13:30 Hrs. one S.I. of police namely, Shri Nandan Sarkar of Kailasahar Police Station lodged a written FIR with the Officer-in-Charge informing that on the said day at about 10:15 Hrs, while he was on duty with other staff at Kailasahar motor stand, found a group of youths numbering about 30/40, shouting slogans "Chatra Aikya jindabad" and "Inclub jindabad" criticising the Government policy on supply of text books etc. and alleged police attrocities on students at Agartala and Udaipur. THE processionists were asking the shop keepers of Panichowki Bazar to shut down their shutters, stopping the vehicular traffic on road and also entering into the Government offices to stop normal functioning. THE informant with his staff on duty persuaded the group of disperse but suddenly in front of ITI an altercation started between 2 groups of youths on the issue of shouting slogans in the name of "Chatra Aikya". When the youths refused to disperse, the informant along with other staff started chasing the warring groups to disperse and nab them. On being chased, both the groups dispersed but found one Shri Nikhil Debnath, son of Late Birendra Debnath of Panichowki Bazar, lying in front of a grossery shop of one Shri Puspa Sen at motor stand with severe bleeding injuries on his head and shifted him to Kailasahar District Hospital for treatment. THE informant later on came to learn that one Susanta Malakar sustained injuries on his right hand and the Officer-in-Charge of the Police Station treated the said complaint as FIR and registered it as Kailasahar P.S. Case No. 9(7)/91 under Sections 148/149/448/506/326 IPC and the same was endorsed to Shri Sankar Bhowmik for investigation.

(3.) ON closure of evidence, of the prosecution witness, the convict/appellants were examined under Section 313 CrPC. on 24.1.2003 but they declined to adduce evidence in their defence. The learned trial Court on consideration of documentary as well as oral evidence on record and also upon hearing the learned counsel for the parties, convicted and sentenced them as indicated earlier.