SWADESH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE judgment dated 27. 08. 1999 passed by the learned Sessions Judge, South Tripura, Udaipur, in Sessions Trial No. 38 (ST / S)/ 1998, convicting the appellant and one another under Section 302 read with Section 34 IPC and sentencing them to imprisonment for life, is under challenge in this appeal.

(2.) HEARD Mr. S. Kar Bhowmik, learned counsel appearing for the appellant and Mr. B. R. Das Roy, learned Special Public Prosecutor for the State-respondent.

(3.) THE prosecution, to substantiate the charge levelled against the accused persons, examined as many as 19 witnesses and also exhibited many documents during the course of trial. However, out of the said 19 prosecution witnesses, 5 witnesses were declared hostile by the prosecution. No defence witness was adduced. The learned trial court, at the conclusion of the trial, found both the accused persons guilty of the commission of the offence of murder of Sanju Das and convicted under Section 302 read with Section 34 IPC and sentenced them to imprisonment for life.