AMIR HOSSAIN ALIAS ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These two appeals (Criminal Appeal No. 9/84 and Criminal Appeal No. 15/1984) by six of the accused are directed against the judgment of the learned Addl. District and Sessions Judge, West Tripura, Agartala dated 19-4-1984 passed in Sessions Trial No. 67 (W.T/S) 1983 whereby the learned Additional Sessions Judge convicted the appellants under different sections and passed sentences. There were 16 accused in the case, of whom 6 appellants were convicted and the remaining 10 were acquitted. I shall now refer which of the accused was convicted under which section.

(2.) All the appellants of these two appeals were convicted under Section 148 of IPC and they were sentenced thereunder to undergo R. I. for 2 years and to pay a fine of Rs. 500/- each in default to suffer a further period of 3 months. Appellant Amir Hossen was also convicted under Section 304, Part-II of IPC and sentenced thereunder to suffer R. I. for 7 years and also to pay a fine of Rs. 500/- in default of which he is to suffer a further period of 3 months. Appellant Birendra Debnath was also convicted under Section 326 of IPC and sentenced thereunder to suffer R. I. for 4 years and to pay a fine of Rs. 500/- in default of payment of fine he is to suffer R. I. for a further period of 3 months. Appellant Abdul Rahim was also convicted under Section 324 of IPC and sentenced thereunder to suffer R. I. for a period of 2 years and also to pay a fine of Rs. 500/- in default of which to suffer a further period of R. I. for 3 months.

(3.) The facts of the case which may succinctly be summarised are that the victims and the accused-appellants are residents of the same village viz. Kamrangatali and they are known to one another. There was a Club named Netaji Club near the house of the informant Rakhal Chandra Deb (P.W.1) and the accused-appellants were members of that Club. It was alleged that in the morning of the date of occurrence viz. 30-1-1982 one of the accused, namely, Narayan Sukladas along with a few others came to the house of informant Rakhal Chandra Deb (P.W.1) and demanded subscription of Rs. 101/- in connection with Saraswati Puja of their Club. The informant expressed his inability to pay such an amount. But this refusal infuriated them to such extent that they threatened them with the dire consequences in case he would not pay the sum by 7 a.m. They also told him that last night he received a sum of Rs. 900/- by selling rice at Agartala and hence why he should not pay the subscription of Rs. 101/-. Saying this Narayan Sukladas and his companions left the house of the informant.