UPENDRA DEBBARMA @ GABLONG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 17.05.2005, passed, in Case No. Sessions Trial 46 WT/A) of 2004, by the learned Sessions Judge, West Tripura, Agartala, convicting the accused -Appellant under Sections 302 and 148 of the Indian Penal Code, Section 27 of the Arms Act and Section 13 of the Unlawful Activities (Prevention) Act, and sentencing the accused -Appellant to suffer, for his conviction under Section 302 IPC, rigorous imprisonment for life and pay a fine of Rs. 5,000/ -and, in the event of default to pay the fine, suffer rigorous imprisonment for three months, and to suffer, for his conviction under Section 148 IPC, rigorous imprisonment for three years and to pay a fine of Rs. 200/ - and, in the event of default to pay fine, suffer further imprisonment for a period of 15 days, and to suffer, for his conviction under Section 27 of the Arms Act imprisonment for life with a fine of Rs. 5000/ - and, in the event of default to pay fine, to suffer further imprisonment for a period of three months, and to suffer, for his conviction under Section 13 of Unlawful Activities (Prevention) Act, rigorous imprisonment for a period of two years, all the sentences have been directed to run consecutively.

(2.) WE have heard Mr. Somik Deb, learned Counsel for the accused -Appellant, and Mr. D. Sarkar, learned Public Prosecutor, Tripura.

(3.) THE prosecution's case is, in brief, thus: