KSHIRODE CHANDRA DEBANTH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard the learned P. P.

(2.) This Appeal is direeted against the judgment and order of conviction and sentence by the learned Session Judge, North Kailashahar on 11.4.1996 in Sessesions Trial No. 2(NT/K)95 by which the appellants were convicted under section 304 Part II read with section 34 IPC and sentenced to undergo 7 years R. I., under section 326 read with section 34 IPC sentencing them to undergo six months' R. I. under section 323 read with section 34 IPC.

(3.) The three accused persons along with three others (altogether six accused persons) ware tried for the offence under sections 148, 302, 326 and 323 read with section 149 IPC for causing death of one Binanda Nath Choudhury, grievous hurt to Smt. Sandhaya Nath Choudhury and simple hurt to Ranjit Nath Choudhury in the night between 21.9.1991 and 22.9.1991. On trial, out of the six accused persons, the three accused appellants namely, (1) Shri Kshirode Chandra Debnath, (2) Shri Rabindra Malakar (alias Rabi Malakar) and (3) Shri Gopal Debnath were convicted and sentenced as mentioned above and the remaining accused persons were acquitted by the learned Session Judge. Hence the present Appeal has been filed by the above named three convicts.