GAUTAM GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 28.08.2001 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. S.T. 5(WT/S)/97, convicting the appellants under Section 436 read with Section 149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 2,000/ - each and in default thereof to suffer rigorous imprisonment for another 6 months. By the impugned judgment the appellants were also convicted for the offence punishable under Section 148 of the Indian Penal Code but no sentence has been awarded for the said conviction.

(2.) HEARD Mr. S. Kar Bhowmik learned Counsel appearing for the appellants Mr. A. Ghosh, learned Addl. Public Prosecutor appearing on behalf of the State -respondent.

(3.) THAT , out of the 10 prosecution witnesses, 5 witnesses (P.W. Nos. 1, 2, 5, 6 and 7) including the informant were declared hostile by the prosecution. The learned trial court relying heavily on the statement of P.W. No. 4, arrived at the decision that the prosecution has proved beyond all reasonable doubt that the appellants were the members of an unlawful assembly being armed with deadly weapons, and in prosecution of their common object, they caused mischief by setting fire to the dwelling huts and kitchen of P.W. No. 3 (Rebati Malla) and thus, they committed the offence punishable under Section 148 of the Indian Penal Code. The learned trial Court further held that the accused persons (appellants), in prosecution of their common object as unlawful assembly committed the offence of causing mischief by setting fire to the huts of P.W. Nos. 3 and 4 (Rebati Malla and Tarun Malla respectively), punishable under Section 436 read with Section 149 IPC. The learned trial Court, however, acquitted the other accused persons namely, Biswajit Ghosh, S/O Hiranmoy Ghosh, Sanjit Ghosh and Manash Ghose from the charges levelled against them.