AKHIL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Section 374 of Cr. P. C. is directed against the judgment of learned Additional Sessions Judge, South Tripura, Udaipur dated 14-9-1994 whereby learned Addl. Sessions Judge convicted the appellants, namely, (1) Akhil Das, (2) Atindra Debnath and (3) Dipak Das for commission of the offence under Section 302 of IPC and sentenced them thereunder to suffer R. I. for life. The learned Additional Sessions Judge also convicted the appellants under Section 376(2)(g) of IPC and sentenced them thereunder to suffer imprisonment of 10 years and also to pay a fine of Rs. 1000/- each in default of which a further period of six months R. I. The sentence were, however, ordered to run concurrently.

(2.) We have heard Mr. K. N. Bhattacharjee, the learned senior counsel appearing on behalf of the appellants and Mr. S. Das, the learned Public Prosecutor appearing on behalf of the respondent.

(3.) The facts giving rise to filing of this appeal are that on 3-10-1989 around 6:30 p.m. deceased Archana Das came to the tailoring shop of Haradhan Majumder (P.W. 5) for taking delivery of her frock but as the frock was not made ready by that time Archana was going back to her house. It was alleged that when Archana was going back to her house the appellants followed her and as she proceeded to a certain distance the appellants suddenly caught hold of her, put some piece of cloth on her mouth and thereafter dragged her away to a certain distance. It was further alleged that after taking her on the slope of the river Gomti all the appellants committed rape on her one by one and thereafter killed her by causing injuries on her person with sharp cutting weapons.