KEFRU MOG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The criminal appeal is directed against the judgment and order dated 25.3.1999 passed by the learned Additional Sessions Judge, South Tripura, Udaipur in ST No. 16(ST/B) of 1992 convicting all the appellants under Sections 148/149/326/436/ 448/302 IPC and sentencing them to undergo (1) rigorous imprisonment for one year with a fine of Rs. 1,000/- each, in default thereof, to suffer another rigorous imprisonment for six months for the offence under Section 148 IPC; (2) seven years of rigorous imprisonment with a fine of Rs. 2,000/- each, in default thereof, to suffer another RI for one year in respect of the offence under Section 326 IPC; (3) seven years RI with fine of Rs. 3,000/- each, in default thereof to suffer another RI for two years for the offence under Section 436/149 IPC and (4) life imprisonment for the offences punishable under Section 302/149 IPC. All the sentences were directed to run concurrently.

(2.) We have extensively heard Mr. P. K. Biswas, the learned counsel for the appellants and Mr. Shankar Das, the learned senior counsel appearing for the State-respondent.

(3.) The case of the prosecution, briefly stated, is that on 12.10.1988 at about 2210 hours, one Braja Mohan Jamatia lodged a written ejahar with the O/C, Manpathar Police Outpost stating that on that day at about 1510 hours, while the CPI (M) supporters under his leadership was re-opening their party office at Birchandranagar Bazar, which was earlier closed due to the atrocities of the Congress (1) party workers, the supporters of Congress (I) under the leadership of Tamal Sen, Amal Biswas, Ganesh Debnath, Dayamoy Debnath, Arun Debnath, Parimal Debnath, Santosh Roy, Gopal Debnath. Bhuban Debnath, Dulal Sharma and others suddenly attacked them with sharp cutting weapons, bombs, bricks, acid bulbs, etc, and set on fire the house of Nibaran Das and killed Sudhir Debnath, Netai Sarkar, Nitya Hari Mura Singh, Sukha Ranjan Mura Singh, Kala Chakma, Security Constables Ratan Datta and unknown one. Sri dam Paul, ADC member was missing, etc. On forwarding the written complaint by the O/C Manpathar Outpost, the O/C, Belonia PS registered Belonia PS Case No. 14(10)88 under Section 148/149/326/302/436 IPC and endorsed the same to S,l. Rabindra Bhowmik, O/C Manpathar Outpost for investigation.