AMAL BISWAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) APPELLANT Amal Biswas stood charged under Sections 307/34, 353/34 and 342/34 before the learned Additional Sessions Judge, West Tripura for attempting to commit murder of Shyamal Dutta, a night guard, obstructing him from discharging his duties as night guard and for wrongful confinement of said Shyamal Dutta in furtherance of common intention on the intervening night of 5. 2. 2001 and 6. 2. 2001 at about 8. 00/8. 20 p. m. The learned Addl. Sessions Judge, West Tripura, after due trial, recorded punishment of the appellant under Section 307 IPC and sentenced him to undergo rigorous imprisonment for 10 years and fine of Rs. 7000/- in default to suffer simple imprisonment for 2 years. Although the learned Addl. Sessions Judge, recorded a finding of guilt of the appellant under the charge in Sections 353 and 342 IPC, refused to award punishment under both the charges aforesaid in view of sentencing the appellant adequately under Section 307 IPC.

(2.) THE appellant, feeling aggrieved and dissatisfied by the impugned judgment and order of conviction, has preferred this appeal challenging its legality and its correctness.

(3.) SRI Tapan Kr. Dey (PW 1), another night guard narrating the factum of assault on Shyamal Dutta lodged an FIR (Exhibit 1) with West Tripura P. S. on 5. 2. 2001, which had been registered and investigated into. After due investigation a charge sheet was laid against the appellant under Sections 307, 353, 342 read with Section 34 IPC.