(1.) A man of a very poor family consisted of his wife and two minor children was brutally murdered. The appellants were later nabbed and tried for the offences. The trial Court convicted them under Section 302 read with Section 34 IPC and sentenced them to suffer R. I. for life and also to pay a fine of Rs. 1,000/- each, in default to suffer further S. I. for three months. They were also convicted under Section 448 read with Section 34 IPC and sentenced to suffer R. I. for one year and to pay a fine of Rs. 500/-, in default to suffer further S. I. for 15 days. Against the said decision vide judgment dated 16. 01. 2002 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. 148 (WT/a)/98, the appellants have preferred the present appeal under Section 374 Cr. P. C.
(2.) WE have heard Mr. P. K. Biswas, learned Counsel along with Mr. A. K. Benerjee and Mr. M. K. Biswas, learned Counsel for the appellants and Mr. D. Sarkar, learned P. P. for the respondent.
(3.) ON receipt of the said FIR, the East Agartala P. S. Case No. 188/95 was registered under Sections 448/326/34 IPC and S. I. Sri S. Dasgupta (P. W. 29) was entrusted with the investigation of the case. He rushed to place of occurrence and at once sent Ashit to G. B. Hospital where Ashit was found dead. He prepared the hand sketch map of the place of occurrence (site plan), seized blood stained earth, gunny bag stained with blood and a bati Dao by preparing seizure list. He also raided the house of the accused Fuku Das and seized some pieces of paper, some pieces of burnt bidi and match sticks. He also examined some witnesses and recorded their statement and raided the house of the accused persons, but found them absconding. He arranged photograph of the spot too by a photographer.
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