GANESH DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant above-named was put on trial in the court of learned Additional Sessions Judge, South Tripura, Udaipur, in ST No. 16 (ST/B)/1992, wherein the appellant was convicted under Sections 148/324/302 Penal Code read with Sec. 149 Penal Code and sentenced to undergo rigorous imprisonment for one year for the offence under Sec. 324 read with Sec. 149 IPC, and imprisonment for life, for commission of offences punishable under Sec. 302/149 Penal Code and to pay a fine of Rs. 10,000.00, in default, to undergo RI for two years. All the sentences were directed to run concurrently.

(2.) We have heard Mr. P. K. Biswas, learned counsel for the appellant and Mr. A. Ghosh, learned Addl. P.P., appearing for the State-respondent.

(3.) The case of the prosecution is that on 12.10.1988 at about 2210 hours, one Braja Mohan Jamatia lodged a written Ejahar with the O/C, Manpathar Police Outpost stating therein that on that day at about 1510 hours, while the CPI(M) supporters under his leadership were re-opening their party office at Birchandranagar Bazar, which was earlier closed due to the atrocities of the Congress (I) party workers, the supporters of Congress (I) under the leadership of Tamal Sen, Amal Biswas, Ganesh Debnath, Dayamoy Debnath, Aran Debnath, Parimal Debnath, Santosh Roy, Gopal Debnath, Bhuban Debnath, Dulal Sharma and others suddenly attacked them with sharp cutting weapons, bombs, bricks, acid bulbs, etc. They also set on fire, the house of Nibaran Das and killed Sudhir Debnath, Netai Sarkar, Nitya Hari Mura Singh, Sukha Ranjan Mura Singh, Kala Chakma, security Constables Ratan Datta and unknown person. Sri Dam Paul, ADC member was missing. The written Ejahar filed by Braja Mohan Jamatia (P.W.-l) was forwarded by the O/C Manpathar Outpost to the O/C, Belonia PS, who registered the Belonia PS Case No. 14, (10)88 under Sec. 148/149/326/302/436 Penal Code and endorsed the same to S.l. Rabindra Bhowmik (P.W.-33) of Manpathar Outpost, for investigation.