BRAJALAL DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. M. Kar Bhowmik, learned Senior Counsel appearing for the accused appellants. The State is represented by Mr. R.C. Debnath, the learned Spl. Public Prosecutor.

(2.) This appeal is presented against the judgment dated 29.08.2003 in Sessions Trial No. 47(NT/K)/1998 rendered by the First Track Court (Addl. Sessions Judge), North Tripura, Kailashahar. By the impugned judgment, the appellants have been convicted under Section 304 Part-II read with Section 34 IPC and sentenced to suffer R.I. for 4 years. They have also been convicted under Section 323 read with Section 34 of IPC and have been sentenced to suffer S.I. for 6 months.

(3.) 1. According to the presecution story, on 21.08.1996 at about 5 O'clock in the morning in the village West Kanchanbari, Brajalal Deb along with his younger brothers Bikash and Bimal and servant Brajendra Sabdakar, attacked Banka Behari Dey (hereinafter referred to as "the deceased"), his wife (PW 5) and daughter (PW 14) with various farming implements in the paddy field, on the eastern side of Brajalal's house over a dispute on cutting of paddy. The attackers hit victim on their head, chest, back and other parts causing bleeding injuries and the injured were dispatched for medical treatment to Kanchanbari PHC. The seriously injured Banka Behari Dey was thereafter referred to R.G.M. Hospital at Kailashahar, where he succumbed at about 12 noon on the next day i.e. on 22.08.1996.