ABDUL MATLIB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28. 9. 2001 passed in S. T. No. 70 (NT/d) of 2000 by the learned Additional Sessions Judge, North Tripura, Dharmanagar, convicting and sentencing the appellants to suffer life imprisonment and to pay a fine of Rs. 5,000/- each under Section 302, IPC, in default of payment to suffer two years more imprisonment and also to suffer imprisonment for a period of seven years with a fine of Rs. 5,000/- each under Section 326, IPC, in default of payment of fine to suffer two years more imprisonment.

(2.) THAT, facts, leading to this appeal, are that on 3. 4. 1998 at about 10. 35 a. m. , one Md. Alauddin, lodged a written report with the Officer-in-Charge, Dharmanagar Police Station alleging that on 2. 4. 1998 at about 10. 30 p. m. the appellant No. 1's vehicle had broken the bamboo fencing of the informant, for which a village meeting along with the Panchayat members and other influential persons was held on 3. 4. 1998 at his house at about 7. 30 a. m. but no decision was taken in the said meeting. At about 9. 30 a. m. of the same day, the appellants and four others being armed with various weapons, like dao, lathi, etc. , attacked on them in which 4/5 persons sustained severe injuries. On receipt of the report, the investigation was set in motion by registering a case being Dharmanagar P. S. FIR No. 24/1998 under Sections 149/148/326, IPC against the appellants and four others. Subsequently, on the death of Md. Abdul Rouf, Section 302, IPC was also added. After investigation, charge-sheet under Sections 148/149, 326/302, IPC was submitted against the six accused persons including the appellants. The learned trial Court framed charges under Sections 148/149/326/302, IPC against the appellants and others, to which all of them pleaded not guilty and claimed to be tried.

(3.) THAT, during the course of trial, the prosecution examined 18 witnesses and exhibited 12 documents. The defence produced one witness in their support. The learned trial Court, after examining the prosecution witnesses, acquitted the other four accused persons under Section 232 of the Code of Criminal Procedure and proceeded the trial against the appellants by examining them under Section 313, Cr. PC. The learned trial Court convicted both the accused persons for commission of offences punishable under Sections 302 and 326, IPC, respectively and sentenced them as stated hereinabove.