ABDUL ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These appeals are directed against the judgment and order, dated 27-4-2007, passed by the learned Additional Sessions Judge. North Tripura, Dharmanagar in ST. 43(NT/D) of 2006, whereby and whereunder the learned Sessions Judge convicted the above-named appellants under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as "the IPC") for causing the death of Md. Halim Uddin, (hereinafter referred to as "the Victim").We have heard Mr. N. Mazumder, learned counsel, appearing for the appellant in Criminal Appeal No. 63/07 and Mr. S. Datta, learned counsel, appearing for the appellant in Criminal Appeal No. 88/07. Also heard Mr. R.C. Debnath learned Special Public Prosecutor in both the appeals.

(2.) As both the appeals have arisen out of the common judgment and order aforesaid, involving same questions of law and facts, for the sake of convenience, and as agreed to by the learned counsel, appearing for both the parties, we have heard both the appeals together and propose to dispose of the said appeals by this common judgment and order.

(3.) The prosecution case, as revealed, during the trial, in brief, may be stated as follows :--