PRASENJIT DEBBARMA AND OTHERS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P.K. Biswas, learned Counsel appearing for the appellants and Mr. D. Sarkar, learned Public Prosecutor for the State-respondent.

(2.) This appeal is directed against the judgment dated 06.08.2004 passed by the learned Additional Sessions Judge, Khowai, West Tripura, in Sessions Trial No. 21(WT/K)/2002, convicting and sentencing the appellants to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000.00 each, in default thereof, to suffer simple imprisonment for six months for the offence punishable under Sec. 302 read with Sec. 149 Penal Code and also to suffer rigorous imprisonment for 2 years and 3 months for the offences punishable under Sec. 148 and 447 Penal Code respectively.

(3.) Brief facts, which led to the trial of the appellants are that in a massacre which took place on 16.02.1997 at Gourangatilla School and nearby houses, 14(fourteen) people were killed and 7/8 others were injured. As per the First Information Report (FIR) marked Exbt- 1 lodged with the Officer In-charge, Kalyanpur P.S. by Sri Swapan Das (P.W. No. 1), on 16.02.1997 at about 10 a.m. 50/60 tribal youths set on fire the houses at Laxmi narayanpur colony, the inhabitants took shelter at Gourangatilla School. At about 11 a.m. 6(six) tribal youths, one armed with a gun and others with bows and arrows indiscriminately fired upon the refusees, killing 14 persons and causing injuries to others as stated above. On receipt of the FIR, the police registered Kalyanpur P.S. Case No. 19/1997 under Sections 148, 447, 436, 326, 302, 153A Penal Code and 27 Arms Act and swung into action. P.W. No. 18 initiated the investigation immediately but concluded by the P.W. No. 19 submitting charge-sheet against 44 accused persons. Out of charge-sheeted accused persons, charges under Sections 148, 447, 326, 302 read with Sec. 149 Penal Code were framed against 32 accused persons and out of them, 28 accused persons were acquitted vide orders dated 01.07.2003 and 28.08.2003 passed under Sec. 323 of the Code of Criminal Procedure. Further trial was proceeded only as against the appellants, as 10 charge-sheeted accused persons were absconding during the trial. By the impugned judgment dated 06.08.2004, the learned trial court convicted the appellants and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000.00 each, in default of payment thereof, to suffer simple imprisonment for 6 months for the offence punishable under Sec. 302 read with 149 Penal Code. The appellants were also sentenced to suffer rigorous imprisonment for 2 years and 3 months for commission of the offence punishable under Sec. 148 and 447 Penal Code respectively. Hence, the appeal.