JITENDRA CHANDRA SHIB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The accused-appellants namely (1) Shri Jitendra Chandra Shib, (2) Shri Indra Mohan Shib, (3) Shri Nilmohan Shib, (4) Shri Gopal Chandra Shib, (5) Shri Chitta Ranjan Shib, (6) Shri Narayan Chandra Shib, (7) Shri Biswambar Bhowmik, (8) Shri Bhuban Chandra Shib, (9) Shri Prafulla Shib, (10) Shri Sachindra Chandra Shib and (11) Shri Manindra Chandra Shib have filed this appeal against the judgement and order dated 20th July, 1983 passed by the learned Sessions Judge, South Tripura, Udaipur in Section Trial No. 13 (S.T./U) of 1982 convicting the accused-appellants No. 1 and 2, Shri Jitendra Chandra Shib and Shri Indra Mohan Shib under Section-302 read with Section 34 I.P.C. and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- each, in default of which they have to undergo rigorous imprisonment for a period of six months; convicting all the appellants under Section 148 and 323 read with Section 149 I.P.C. and sentencing them to undergo rigorous imprisonment for a period of 2 years for the offence under Section 148 I.P.C. excepting accused appellants No. 3 and 8 who have been sentenced to undergo rigorous imprisonment for a period of one month; and sentencing all the accused - appellants for a rigorous imprisonment for a period of six months for the offence under Section-323 and 149 I.P.C. except the accused-appellants No. 3 and 8 who have been sentenced to undergo for one months rigorous imprisonment for the said offences.

(2.) The prosecution case is as follows :

(3.) The learned Session Judge framed charges under Section 302 read with Section 34 I.P.C. and other Sections namely 148, 149, 323 and 326 I.P.C. against all accused persons. The accused - appellants pleaded not guilty. The prosecution examined 23 witnesses. Accused-Appellants when questioned by the learned Session Judge denied the truth of the prosecution evidence. After hearing the parties, the learned Session Judge held that the accused persons are liable for offences committed by them and convicted and sentenced them for those offences as stated in first paragraph of this judgement.