SHUKHAMOY CHAKMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This set of Criminal Appeals are directed against the Judgment and Order, dated 10.05.2002, passed by the learned Additional Sessions Judge, South Tripura, Udaipur in S.T. 42 (ST/S) of 2001, thereby convicting the appellants aforesaid for the offences under Sections 302 and 201 of Indian Penal Code (herein after called "I.P.C.") read with Section 34 IPC and sentencing them to suffer Rigorous Imprisonment (for short R.I.) for life and to pay a fine of Rs. 10,000/- only in default to suffer R.I. for 2 years and also to undergo R.I. for 5 years and to pay a fine of Rs. 2,000/- only in default to suffer R.I. for 6 months for the offence under Section 201 IPC. It was directed that both the sentences shall run concurrently.

(2.) The prosecution case, in brief, may be stated as follows :-

(3.) The offences being exclusively triable by the Court of Sessions, the case was committed by the learned Judicial Magistrte, 1st Class, Sabroom. The learned Additional Sessions Judge framed charges under Section 302, 201 of the IPC against the appellants, to which they pleaded not guilty. To bring home the guilt to the accused appellants, the prosecution examined as many as 14 witnesses including the investigating Officer (PW 13) and the Medical Officer (PW 14), who performed the post mortem examination. At the close of the examination of prosecution witnesses, the accused persons were examined under Section 313 CrPC. They denied the allegations and declined to adduce defence evidence. Considering the materials on record, the learned Sessions Judge recorded the conviction and sentences against the appellants as aforesaid.