PADAN DHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this appeal, the judgment dated 11.6.10 passed by the learned Sessions Judge, North Tripura, Kailashahar, in case No. ST. (NT/K) 27 of 2009 convicting the accused-appellants under Section 304 Part-1 read with Section 34 of the Indian Penal Code (for short 'the IPC) and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 25,000/- each in default R.I. for further period of 2 years, has been challenged. The facts and circumstances necessary for disposal of the present appeal in short are that on 14.07.2008 at about 9 p.m. one Sudhangshu Shill, since deceased, as usual, was returning home from market. When he reached a place near Naba Jagriti Club of South Kacharghat area, the accused-appellant Shri Pannalal asked him to come down to him. On being so called, he got down from his bicycle and proceeded towards the accused-appellant Shri Pannalal. Other accused-appellants were also with accused Pannalal at that rime.

(2.) The moments he reached them, accused-appellants demanded him money so that they could purchase wine with it. The deceased did not agree to such demand for which accused-appellants started assaulting him. Some of them also stabbed him from behind. Injuring the deceased, accused-appellants left the place of occurrence leaving him at the place aforesaid. One Rickshaw puller then arrived there, met the injured and took him to RGM hospital for treatment.

(3.) However, on 15.07.2008, in the morning, Sudhangshu Shil succumbed to his injuries for which the mother of the deceased Sudhangshu Shil lodged an FIR with the Police with Kailashahar Police Station requesting the later to take action against the culprits in accordance with law. On the basis of such an FIR, Police registered a case and started investigating the same.