BIR KUMAR DEB BARMA Vs. STATE,

JUDGEMENT

(1.) THIS is an appeal filed by the accused in Sessions Trial 18 of 1966 on the file of the Sessions Court, Tripura, against their conviction under Section 395 I. P. C. and sentences that they should undergo R. I. for 2 years each.

(2.) THE case of the prosecution is that in the midnight of 21 -1 -964, the appellants and some others committed dacoity in the huts of P. W. 2 Chandradhan Deb Barma and P. W. 6 Sobha Chandra Deb Barma in the village of Tuikarma and stole away properties after causing injuries to the inmates, that P. W. 1 (Sonaram Deb Barma) who is the younger brother of P. W. 2 (Chandradhan Deb Barma) lodged a complaint Ext. P.1 at about 8.30 P. M. on 22.1.1964 in Teliamura Police Station, that P. W. 18, the Officer -in -Charge of the Police Station registered the case and investigated into it, that he arrested the first appellant Bir Kumar Deb Barma on 24.1.1964 and seized a knife M. 0. 17 under Ext. P.10 from him, that he got the injured persons including the first appellant who too received injuries examined by P. W. 17 the medical officer in charge of Teliamura Health Centre and that the appellants and some more persons, against whom charge -sheet was submitted on 10.1.1965, were guilty of the offence under Sections 395 and 397, I. P. C.

(3.) THE other accused were said to have been absconding. The learned Sessions Judge framed charges against the appellant under Section 39, read with Section 397, I. P. C. After trial, he found that the appellants were guilty of the offence under Section 395,I. P. C. and convicted them thereunder and sentenced them to undergo R. I. for 2 years each. Hence the appeal by the accused persons sent up from the Central Jail, Agartala.