PRABHAT MARAK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this criminal revision petition, the accused Petitioners, namely, Prabhat Marak and Kishore Marak, have challenged the judgment dated 14-11-2002, passed by the learned Additional Sessions Judge, West Tripura, Khowai in Crl. A. No. 19(3)/2003 whereby and whereunder the judgment dated 2-8-2002 in G. R. Case No. 183 of 2000 passed by the learned SDJM, Khowai, convicting them under Section 448 IPC and sentencing to suffer S.I. for three months and to pay a fine of Rs. 1000/- each. i.d. to suffer S.I. for fifteen days and also convicting them under Section 392, IPC and sentencing to suffer S.I. for three years and to pay a fine of Rs. 3000/- each i.d. to suffer S.I. for 45 days was upheld. The fine money in total Rs. 8,000/-, if realized, was directed to be paid to the complainant.

(2.) Heard Mr. P. Dutta, learned Counsel for the Petitioners as well as Mr. D. Sarkar, learned Public Prosecutor appearing for the Respondent-State.

(3.) The prosecution case as revealed from the Ejahar i.e. the First Information Report (FIR), is that, on 1-7-2000 at about.18.00 hours, one Mani Lal Debnath (P.W. 1) lodged an FIR to the Officer-iri-charge, Kalyanpur P. S. alleging that on 30-6-2000 at about 2.30 p.m., the accused persons along with their associates, numbering about 15/20 persons, fastening with different colour clothes and wearing different colour apparels being armed with guns, arrows; bows, dao (sharp cutting weapons) came to his house for attacking. But when they had gone to another place in order to save their lives, the accused persons took away his three cows forcefully at the time of leaving his house. It has also been stated that the accused persons also took away two more cows forcefully from the house of one Gopendra Debnath (P.W.7). The informant also urged for rescuing his cows in the aforesaid FIR.