GEDU MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE challenge in this appeal is to the conviction of the appellant herein under Section 307 and 148 Indian Penal Code (for short, IPC) and sentence of rigorous imprisonment for seven years and six months respectively with a fine of Rs. 5000/- in the judgment dated 11. 7. 2001 by a learned Additional Session Judge, North Tripura, Kamalpur in Sessions Trial Case No. S. T. 8 (NT/kmp) 2000.

(2.) ON 12. 5. 1999, in the mid-night, some villagers were guarding their village to check commission of offences like dacoity and burglary by miscreants. The persons guarding the village were Sri Bimal Ghashi (P. W.-2), Dwijendra Das (P. W.-3) and Babul Das (P. W.-4 ). At about I am they noticed a group of persons coming towards their village. With the light of torch they could identify only one of them, Gedu Miah, the appellant herein. He was known to them from before, being a resident of the adjacent village. He is a fisherman and used to visit the village often. The witnesses aforementioned could not recognize any other member of the said group. According to them Gedu Miah had a dao in his hand. When challenged by the witnesses, the members of the said group assured them they were not thieves. But the witnesses were not convicted. When confronted, one of them opened fire causing simple injuries to Dwijendra Das (P. W.-3) on his left thigh. The witnesses, however, could not say who had actually opened fire. None of them held Gedu Miah responsible for opening fire and causing injuries to Dwijendra Das. After the gun shot, the said group of persons had fled away. Gedu Miah also fled. The injured was taken to hospital where he gradually recovered. His wife filed the FIR in the following morning in Kamalpur police station setting in motion criminal investigation. Only Gedu Miah could be arrested and booked for the alleged offence. None of the said group of persons could be identified and arrested and no fire arms could be recovered. Gedu Miah was charged with committing offence punishable under Section 148 and 307 of the IPC. He was finally found guilty of the said offences leading to his conviction and sentence which are under challenge in this appeal.

(3.) I have heard learned counsel for the parties.