ISHAN DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 8-11-2002 passed by the learned Additional Sessions Judge, West Tripura, Khowai in Case no. S. T. 23 (WT/k)/2002 convicting the accused-appellants under Sections 148, 326 and 302/149 of the Indian Penal Code and sentencing each of them (a) R. I. for life and a fine of Rs. 10,000/-, in default of payment of fine to suffer R. I. for two months for offence under S. 302/149, I. P. C; (b) R. I. for 7 years and also a fine of Rs. 5,000/- in default of payment of fine further R. I. for one month under S. 326, I. P. C. and (c) R. I. for 3 years each under S. 148, I. P. C. which would run concurrently and also providing that if the fine money is realized, the same be paid to the parents of the deceased in equal share by way of compensation.

(2.) THE prosecution case, in short, as unveiled at the trial may be narrated, thus :-

(3.) WHEN police visited the place of occurrence one Sri Pradip Shil, PW-1 lodged a written FIR at the spot. The police registered a case namely, Teliamura P. S. Case No. 106 of 2000 under S. 148/149/326 and 302 of the i. P. C. and under S. 27 of the Arms Act. The investigation of the case was entrusted with Sankar Lal Chakraborty, Sub-Inspector of the Teliamura Police Station. On completion of the investigation, he submitted the charge-sheet against the accused persons namely, Chitta Rajan Debarma, ranjan Kumar Debbarma, Sambhuram debbarma alias Bagla, Raj Kumar debbarma, Subodh Debbarma, Surjya Ram debbarma alias Patia, Ishan Debbarma, sudhannya Debbarma, Bipul Debbarma and Takhiral Debbarma under S. 148/149/ 326 and 302, I. P. C. read with Section 27 of the Arms Act showing accused Surjya Ram debbarma, Ranjan Debbarma, Bipul debbarma and Subodh Debbarma as absconders.