NURUL MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Aggrieved by the judgment and order, dated 4.8.1998, passed by the learned Sessions Judge, South Tripura, Udaipur, in Sessions Trial No. 18(ST/U) of 1998, convicting the accused-appellant No. 1, namely, Nurul Miah, under Section 396 IPC and sentencing him to suffer imprisonment for life and pay a fine of Rs. 5,000/- and, in default, to suffer rigorous imprisonment for a further period of one year and also convicting the remaining accused-appellants under Section 395 IPC and sentencing them to suffer rigorous imprisonment for 8 years each and pay a fine of Rs. 5,000/- each and, in default, to suffer rigorous imprisonment for a further period of one year, the present appellants have preferred this appeal.

(2.) The case of the prosecution, as unfolded at the trial against the accused-appellants, may, in brief, be stated as follows :- On 29.11.1995 at about 10.45 p.m., while the complainant, Khadeja Bibi, her husband, Abdul Miah Choudhury and their daughter, Tanu Begum, were asleep in their dwelling hut at village Dataram under RK Pur Police Station and an oil lamp (Kupi bati) was kept lit there. The accused-appellants, armed with country-made gun, entered into their dwelling hut by breaking open the door and the accused, being co-villagers, were recognised by the inmates of the said house. The accused persons demanded that Abdul Miah Choudhury should withdraw the case filed against the accused at RK Pur Police Station. As Abdul Miah Choudhury refused to withdraw the case, accused Nurul Miah, who was armed with a country-made gun, shot at Abdul Miah Choudhury and as a result thereof, Abdul Miah Choudhury sustained bullet injury. Leaving Abdul Miah Choudhury lying on the floor of his hut with bullet injury, the accused-appellants fled away, when they heard sound of a whistle being blown from outside the hut; but while so feeling away, they forcibly took away some cloths from the said hut. On hearing the sound of gun being fired and hue and cry being raised at the said hut, some villagers assembled at the spot, but they found Abdul Miah Choudhury lying dead and they, immediately, shifted the dead body to the said deceased to Dataram Police Camp. On receiving a wireless message at RK Pur Police Station from Dataram Police Camp that some miscreants had short dead Ex-Gaon Pradhan of Dataram, GD No. 1506, dated 30-11-1995, was made at the said police station by Sub Inspector, SS Choudhury, and acting upon the information, so received, the said police officer came to the said police camp and, on finding the dead body lying there, recorded the version of Khadeja Bibi and treating the same as the FIR (Ext. P/l), RK Pur Police Station Case No. 222/95 under Sections 395/396/397 IPC read with Section 27 of the Arms Act was registered against the accused-appellants and after usual course of investigation, police laid charge sheet against the accused-appellants.

(3.) To the charges framed against the accused-appellants under Sections 395, 396 and 397 IPC read with Section 27 of the Arms Act, the accused- appellants pleaded not guilty thereto and claimed to be tried.