KIRANJOY REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The conviction and the sentence recorded in Judgment and Order, dated 09.09.2004, passed by the learned Assistant Sessions Judge, Dharmanagar, North Tripura, in S.T. 05(NT/D) of 2004,thereby convicting the appellants under Section 409 I.P.C. and sentencing them to undergo Rigorous Imprisonment (for short R.I.) for seven years and to pay a fine of Rs.10,000/- each in default to suffer further period of R.I. for two years is in challenge in this appeal preferred under Section 374 of the Code of Criminal Procedure (for short Cr.P.C.).

(2.) The prosecution case, in brief, as unfolded during the trial is as follows :-

(3.) The offences being exclusively triable by the Court of Sessions, the case was committed to the court of the Sessions and the learned Assistant Sessions Judge framed charges against the appellants Sri Kathin Rai Reang, Sri Kiranjoy Reang and Sri Dhaneswar Reang for the offences under Section 120(B)/121/409/349/380/34 read with Section 309 I.P.C. Charge was also framed against Sri Pradip Reang for the offences under Section 120(B)/121/409/380/34 I.P.C. The charges were read over and explained to the accused persons, to which they pleaded not guilty and claimed to be tried. Their plea was a denial one. Other three accused persons being absconders, charge could not be framed against them.