SADAT ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this common judgment and order, we propose to dispose of the two Criminal Appeals, namely Crl. Appl. No. 35 of 1998 and Crl. Appl. No. 48 of 1998, which have been heard together on account of the fact that they arise out of a common judgment and order, dated 21-05-1998, passed by the learned Sessions Judge, North Tripura, Kailashahar, in Case No. Sessions Trial 15 (NT/K) of 1993.

(2.) By the impugned judgment and order, dated 21-05-1998, aforementioned, the accused-appellants stand convicted under Section 302 read with Section 149 of the Indian Penal Code and also under Section 323 read with Section 149 of the Indian Penal Code and sentenced to suffer, for their conviction under Section 302 read with Section 149 of the Indian Penal Code, life imprisonment and pay a fine of Rs. 1,000/- each and, in default, to suffer R.I. for six months and to suffer, for their conviction under Section 323 read with Section 149 of the Indian Penal Code, R.I. for six months, both the sentences having been directed to run concurrently.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows:- On 24-06-1990 at about 10 PM Masuk Ali, while purchasing bidi from the shop of one Maya Miah, at Irani Market, heard cries of his brother, Manjir Ali, raised from the southern lane of the market asking for help. On the cries so heard, Masuk Ali rushed towards the place from where the cries were being raised and saw Yeamich Ali, Talmuj Ali and Usman Ali assaulting Manjir Ali by lathi and dao. Masuk Ali, with the help of his nephew, Suleman Hussain (since deceased) and one Sultan Ali, tried to save Manjir Ali, but the remaining accused-appellants along with their other associates joined Yeamich Ali, Talmuj Ali and Usman Ali and started assaulting Suleman Hussain, Sultan Ali, Masuk Ali and Manjir Ali by daos, lathis, jhatas, etc. As a result of the assaults on him, Suleman Hossain succumbed to his injuries at the very place of occurrence and the other three persons, namely, Sultan Ali, Masuk Ali and Manjir Ali also sustained injuries. Some persons, who were witnessing World Cup Football Match on a T. V. in a nearby shop of the said market, also rushed to the place of occurrence and, upon witnessing those persons arrive at the place of occurrence, the accused-appellants along with their associates took to their heels. Injured Masuk Ali, then, lodged an F.I.R. at Kailashahar Police Station and Kailashahar P.S. Case No. 21 (6) 90 under Sections 148/149/326/302 I.P.C. read with Section 25(1) (a) of the Arms Act was accordingly registered against the present accused-appellants and some others. During Investigation, inquest was held over the dead body of Suleman Hussain and the other three victims of assault, namely, Sultan Ali, Masuk Ali and Manjir Ali were treated at the hospital. On completion of Investigation, police laid charge sheet against the accused-appellants and six others under Sections 148/149/324/326/323/302 I.P.C. In course of time, the case was committed to the Court of Sessions and Sessions Case No. 15(NT/K) of 1993 aforementioned came to be registered.