NARAYAN SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Being aggrieved by conviction and sentence inflicted upon the appellants by the learned Asstt. Sessions Judge, Udaipur, convicting the appellants under Section 148/326/307 IPC in Case No. S.T. No. 65(ST)(U)/2000, the present appeal is filed by the convict appellants. The learned trial judge convicted the appellants under Sections 148 IPC and sentenced them to suffer R.I. for one year, under Sections 326/149 IPC and sentenced each of them to suffer further R.I. for four years and under Sections 307/141 IPC sentencing each of them to suffer further R.I. for three years, directing the sentences to run consequently.

(2.) Heard Mr. A.C. Bhowmik, assisted by Mr. Arijit Bhowmik, learned counsels appearing for the appellants and Mr. D. Sarkar, learned Public Prosecutor for the State.

(3.) On the basis of an FIR dated 28.3.98 lodged by one Sanjib Das, PW 1 the prosecution case was set in motion wherein it is alleged inter alia, that on that date in between 9.00 to 9.30 A.M. in the morning the cousin of the informant Sri Sanjeev Das (PW 2) was attacked by five accused persons named in the FIR with dao, kirish, bomb and chased the victim upto sweetmeat shop of Tapan Debnath where he fell down on the ground in a bleeding condition. In the FIR the names of the appellant Nos. 1 to 5 had been mentioned as assailants. It is further stated in the FIR that the said accused persons first injured the victim in front of Debnath Electric Shop at Salgara Bazaar and he was then chased upto the sweet still where he fell down and the informant and the eye witness were present at that time at the sweet meat shop. The said information was lodged with the R.K. Pur Police Station on the basis of which police registered R.K. Pur Police Station Case No. 65/95 under Section 148/149/326/307 IPC. Upon registration of the FIR necessary process relating to investigation was set into operation.