(1.) This set of appeals, arising out of the judgment and order, dated 2-3-05, passed by the learned Sessions Judge, West Tripura, Agartala, in Sessions case No. ST(WT/A)48 of 2001 are based on similar facts involving similar question of law and the parties in the appeals are also represented by the same set of lawyers. Therefore, as agreed to by the learned Counsel for the parties, the appeals were heard together and we propose to dispose of all the appeals aforesaid by this common judgment and order.
(2.) The Appellants, in Criminal Appeal Nos. 31 of 2005, 103 of 2006 and 58 of 2010 and the Respondents, in Criminal Appeal No. 46 of 2005 were tried by the learned Sessions Judge in the above mentioned Sessions case, on the charges of committing the offences under Sections 302, 120B, 364A read with Section 34 of Indian Penal Code (for short, 'IPC'), Section 27 of Arms Act and Section 13 of Unlawful Activities (Prevention) Act. The learned Sessions Judge considering the evidence on record convicted the Appellants Sri Nabakumar Debbarma and Sri Biswadayal Jamatia alias Dayal Jamatia under Sections 302 and 120B IPC read with Section 34 IPC, Section 27 of Arms Act and Section 13 of Unlawful Activities (Prevention) Act. The Appellant Sri Premananda Namasudra was convicted under Section 120B of IPC. Accordingly, the learned Sessions Judge, by the impugned judgment and orders, sentenced Sri Naba Kumar Debbarma and Sri Biswadayal Jamatia to suffer imprisonment for life and pay fine of Rs. 10,000/- each, in default, suffer imprisonment for another period of two months for their conviction under Section 302 IPC. The said two Appellants were also sentenced to suffer imprisonment for life under Section 120B of IPC, rigorous imprisonment for seven years under Section 27 of Arms Act and rigorous imprisonment for seven years under Section 13 of Unlawful Activities (Prevention) Act. The Appellant Sri Premananda Namasudra was sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/-, in default, suffer imprisonment for another one year for his conviction under Section 120B IPC. It was directed that all the sentences shall run concurrently and that the period of detention shall be treated as set off. The other accused persons, including Sri Himangshu Das and other Respondents, in Criminal Appeal No. 46/2005, were acquitted for want of evidence against them.
(3.) Aggrieved by the said conviction and sentence, the convict Sri Premananda Namasudra, Sri Naba Kumar Debbarma and Sri Biswadayal Jamatia preferred appeals, being Criminal Appeal Nos. 31 of 2005, 103 of 2006 and 58 of 2010 respectively. The State also, being dissatisfied with the quantum of punishment awarded to convict Sri Naba Kumar Debbarma, Sri Biswadayal Jamatia and Sri Premananda Namasudra and others have preferred Criminal Appeal No. 45 of 2005 and preferred Criminal Appeal No. 46 of 2005, challenging the acquittal of Sri Himangshu Das and other Respondents.
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