GOKUL ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 30. 6. 2007 passed by the learned Additional Sessions Judge, West Tripura, Khowai in S. T. (WT/k) No. 31 of 2007, convicting the appellants under Section 304 (1) read with Section 149 of Indian Penal Code and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- each, in default thereof, to suffer rigorous imprisonment for another two years.

(2.) THAT, facts culminating to this appeal, are that on 5. 9. 2006, one Gopal Chandra Deb (PW No. 13) lodged a report with the Officer-in-charge, Khowai Police Station informing that on 4. 9. 2006 at about 9. 30 p. m. a quarrel took place in between his younger brother Subhas Deb and the appellant Nos. 1, 2 and 3 in front of the meat shop of the appellant No. 2, Sankar Roy, in which his brother was assaulted by the appellants with hard wooden files. Subhas Deb sustained grievous bleeding injuries and died on the spot. Acting on the said report, police registered a case under Section 302 read with Section 34, IPC against the appellant Nos. 1, 2 and 3 but after investigation submitted charge-sheet under Sections 148, 149, 302, IPC against all the appellants. The learned trial Court framed charges under Section 302 read with Section 149, IPC against all the appellants to which they pleaded not guilty and claimed to be tried.

(3.) THAT, during the course of trial, the prosecution examined as many as 17 witnesses and exhibited 10 documents and 3 M. Os. No witness was examined from the side of the appellants but produced some documents, which were admitted and marked as Exbt. A, B and C (series ). The learned trial Court after full dressed hearing convicted and sentenced the appellants as stated above. Hence, this appeal.