BHABANI DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These appeals are tied together for disposing by a common judgment and order on consideration that both the appeals are directed against the judgment of conviction and order of sentence dated 26-2-2005 as passed by the Assistant Sessions Judge, West Tripura, Agartala in ST 61/(WT/ A) of 2003 by convicting and sentencing Kishore Debnath, the appellant No. 3 in Crl. A. No. 14 of 2005, Jatindra Debnath alias Jatan Debnath, the appellant No. 1 in the Crl. A. No. 15 of 2005, Kanailal Debnath, the appellant No. 2 in Crl. A. No. 15 of 2005 to suffer rigorous imprisonment for 8 years and fine of Rs. 5,000/- in default, in the payment of fine, to suffer further RI for 1 year each under Section 306 read with Section 34 of the Indian Penal Code.

(2.) By the said judgment and order, Smti. Bhabani Debnath, the appellant No. 1 in Crl. A. No. 14 of 2005 and Smti. Aparna Debnath, the appellant No. 2 in Crl. A. No. 14 of 2005 are convicted under Section 305 read with Section 34 of the IPC and sentenced to suffer RI for 3 years each with a fine of Rs. 5,000/- in default, in the payment of fine, to suffer further RI for 1 year.

(3.) Mr. P. K. Biswas, learned counsel appearing for the appellants in Crl. A. No. 14 of 2005 and Mr. S. Deb, learned Senior Counsel assisted by Mr. Somik Deb, learned counsel appearing for the appellants in Cri. A. No. 15 of 2005 contended in unison that the judgment of conviction is not based on any legal evidence and the findings those are returned are palpably wrong and perverse.