SANKAR PAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants, named above, along with 6(six) others namely, Bimal Baidya, Babul Debnath, Laxman alias Sanjib Majumder, Swapan Mallik, Shyamal Bhowmik and Sadhan Bhowmik were charged together for commission of offence punishable under Sections 365, 120-B of I. P. C and Sections 27(2) and 25(1-B)(a) of the Arms Act by learned Additional Sessions Judge, Belonia, South Tripura in Case No. ST. 52(ST/B) of 2004 and on conclusion of trial, learned Additional Sessions Judge found the accused-appellants guilty of committing offence punishable under Sections 365 and 120-B of I. P. C and sentenced them to suffer R. I for 1(one) year under Section 120-B and further to suffer RI for 4(four) years and to pay a fine of Rs. 5,000/- (Rupees five thousands) each, in default of payment to suffer SI for 6(six) months under Section 365 of I. P. C and directed that the sentences shall run concurrently. The other accused persons, named above, who were charged with the appellants, were acquitted.

(2.) Heard learned counsel, Mr. P K Biswas, assisted by learned counsel, Mr. P Majumder for the appellants and learned Additional Public Prosecutor, Mr. A Ghosh for the Staterespondents.

(3.) Fact of the case may be summarized thus: