SASTHI CHAKRABORTY Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-11-3
HIGH COURT TRIPURA
Decided on
November 01,2019
Sasthi Chakraborty
Appellant
VERSUS
STATE OF TRIPURA
Respondents
Referred Judgements :-
REGINA V. MURPHY [REFERRED TO]KING EMPEROR V. KHWAJA NAZIR AHMAD [REFERRED TO]
BLYTH V. BLYTH [REFERRED TO]
RAJIV KUMAR AND ORS. V. STATE OF U.P. AND ORS [REFERRED TO]
SURAJPAL SINGH V. THE STATE [REFERRED TO]
SUSHIL KUMAR SEN V. STATE OF BIHAR [REFERRED TO]
MIJAJI V. STATE OF U.P. [REFERRED TO]
STATE V. MD. MISIR ALI AND ORS [REFERRED TO]
VAN RIPER V. UNITED STATES,13 F.2D 961 [REFERRED TO]
WILAYAT KHAN VS. STATE OF UTTAR PRADESH [REFERRED TO]
H N RISHBUD VS. STATE OF DELHI [REFERRED TO]
ATLEY VS. STATE OF UTTAR PRADESH [REFERRED TO]
AHER RAJA KHIMA VS. STATE OF SAURASHTRA [REFERRED TO]
VADIVELU THEVAR CHINNIAH SERVAI VS. STATE OF MADRAS [REFERRED TO]
TAHSILDAR SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF UTTAR PRADESH VS. BHAGWANT KISHORE JOSHI [REFERRED TO]
MASALTI MUNGA RAM BHAGWATI CHANDAN SINALI LAXMI PRASAD VS. STATE OF UTTAR PRADESH [REFERRED TO]
ROMAN CATHOLIC MISSION MEENAKSHI SUNDARESWARAL VS. STATE OF MADRAS:ROMAN CATHOLIC MISSION [REFERRED TO]
MATRU ALIAS GIRISH CHANDRA VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF MADHYA PRADESH VS. BUDHIYA AND [REFERRED TO]
THULIA KALI VS. STATE OF TAMIL NADU [REFERRED TO]
JAGIR SINGH VS. STATE DELHI [REFERRED TO]
STATE OF ORISSA VS. BRAHMANANDA NANDA [REFERRED TO]
UMEDBHAI JADAVBHAT VS. STATE OF GUJARAT [REFERRED TO]
SONE LAL VS. STATE OF UTTAR PRADESH [REFERRED TO]
K GOPALREDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
PANDA NANA KARE VS. STATE OF MAHARASHTRA [REFERRED TO]
MOHANLAL GANGARAM GEHANI VS. STATE OF MAHARASHTRA [REFERRED TO]
KEHAR SINGHTS VS. STATE DELHI ADMINISTRATION [REFERRED TO]
LALJI VS. STATE OF UTTAR PRADESH [REFERRED TO]
AJAY AGGARWAL VS. UNION OF INDIA [REFERRED TO]
MEHARAJ SINGH L NK KALU VS. STATE OF UTTAR PRADESH [REFERRED TO]
CHAIRMAN THIRUVALLUVAR TRANSPORT CORPORATION VS. CONSUMER PROTECTION COUNCIL [REFERRED TO]
SATGURU SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF MAHARASHTRA VS. SOM NATH THAPA [REFERRED TO]
DEVINDER VS. STATE OF HARYANA [REFERRED TO]
SHREENATH VS. RAJESH [REFERRED TO]
SAMBASIVAN VS. STATE OF KERALA [REFERRED TO]
K RAMAKRISHNAN UNNITHAN VS. STATE OF KERALA [REFERRED TO]
STATE VS. NALINI [REFERRED TO]
RAMMI VS. STATE OF MADHYA PRADESH [REFERRED TO]
MAHABIR PRASAD JAIN VS. GANGA SINGH [REFERRED TO]
PADAM SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
MARWARI KUMHAR VS. BHAGWANPURI GURU GANESHPURI [REFERRED TO]
T T ANTHONY VS. STATE OF KERALA [REFERRED TO]
FIROZUDDIN BASHEERUDDIN VS. STATE OF KERALA [REFERRED TO]
THANEDAR SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
RUPA ASHOK HURRA VS. ASHOK HURRA [REFERRED TO]
SUKHCHAIN SINGH VS. STATE OF HARYANA [REFERRED TO]
AMAR SINGH VS. BALWINDER SINGH [REFERRED TO]
VISVESWARAN VS. STATE REPUBLIC [REFERRED TO]
UNION OF INDIA VS. PRAKASH P HINDUJA [REFERRED TO]
KANJU MUHAMMED AND KHUMANI VS. STATE OF KERALA [REFERRED TO]
R V E VENKATACHALA GOUNDER VS. ARULMIGU VISWESARASWAMI AND V P TEMPLE [REFERRED TO]
DAYAMATHI BAI VS. K M SHAFFI [REFERRED TO]
STATE OF RAJASTHAN VS. BHANWAR SINGH [REFERRED TO]
STATE OF M P VS. PALTAN MALLAH [REFERRED TO]
RANI KUSUM VS. KANCHAN DEVI [REFERRED TO]
KALLU ALIAS MASIH VS. STATE OF M P [REFERRED TO]
RADHA MOHAN SINGH ALIAS LAL SAHEB VS. STATE OF U P [REFERRED TO]
RAMDAS VS. STATE OF MAHARASTRA [REFERRED TO]
CHANDRAPPA VS. STATE OF KARNATAKA [REFERRED TO]
J YASHODA VS. K SHOBHA RANI [REFERRED TO]
Y SARABA REDDY VS. PUTHUR RAMI REDDY [REFERRED TO]
PRAKASH CHANDRA YADAV VS. STATE OF BIHAR [REFERRED TO]
STATE OF U P VS. KISHANPAL [REFERRED TO]
STATE OF ANDHRA PRADESH VS. M MADHUSUDHAN RAO [REFERRED TO]
RAVISHWAR MANJHI VS. STATE OF JHARKHAND [REFERRED TO]
STATE OF A P VS. V V PANDURANGA RAO [REFERRED TO]
LIC OF INDIA VS. RAM PAL SINGH BISEN [REFERRED TO]
SIDHARTHA VASHISHT ALIAS MANU SHARMA VS. STATE NCT OF DELHI [REFERRED TO]
EKNATH GANPAT AHER VS. STATE OF MAHARASHTRA [REFERRED TO]
SIKANDAR SINGH VS. STATE OF BIHAR [REFERRED TO]
BIPIN KUMAR MONDAL VS. STATE OF WEST BENGAL [REFERRED TO]
M CHANDRA VS. M THANGAMUTHU [REFERRED TO]
SHEO SHANKAR SINGH VS. STATE OF JHARKHAND [REFERRED TO]
AMERIKA RAI VS. STATE OF BIHAR [REFERRED TO]
H SIDDIQUI VS. A RAMALINGAM [REFERRED TO]
RAMACHANDRAN VS. STATE OF KERALA [REFERRED TO]
RASIKLAL MANICKCHAND DHARIWAL VS. M S S FOOD PRODUCTS [REFERRED TO]
SHYAMAL GHOSH VS. STATE OF WEST BENGAL [REFERRED TO]
STATE VS. MOHAN PATRA [REFERRED TO]
PARBHU VS. EMPEROR [REFERRED TO]
BUSI KOTESWARA RAO VS. STATE OF A.P. [REFERRED TO]
LAHU KAMLAKAR PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
KALIYA VS. STATE OF MADHYA PRADESH [REFERRED TO]
MRITUNJOY BISWAS VS. PRANAB [REFERRED TO]
LALITA KUMARI VS. GOVT. OF U.P. [REFERRED TO]
SARJU VS. STATE OF WEST BENGAL [REFERRED TO]
NALLABOTHU RAMULU @ SEETHARAMAIAH VS. STATE OF ANDHRA PRADESH [REFERRED TO]
INDER SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
SANJEEV KUMAR GUPTA VS. STATE OF U P [REFERRED TO]
STATE OF MAHARASHTRA VS. RAMLAL DEVAPPA RATHOD AND ORS. [REFERRED TO]
STATE OF MAHARASHTRA VS. SYED UMAR SAYED ABBAS & ORS. [REFERRED TO]
MD. SAJJAD @ RAJU @ SALIM VS. STATE OF WEST BENGAL [REFERRED TO]
SUDHA RENUKAIAH & ORS. VS. STATE OF A.P. [REFERRED TO]
STATE BY LOKAYUKTHA POLICE VS. H. SRINIVAS [REFERRED TO]
KHURSHID AHMED VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
MOTIRAM PADU JOSHI AND OTHERS VS. THE STATE OF MAHARASHTRA [REFERRED TO]
STATE OF M P VS. RATAN SINGH & ORS [REFERRED TO]
STATE OF UTTAR PRADESH VS. WASIF HAIDER [REFERRED TO]
MUNISHAMAPPA & ORS VS. STATE OF KARNATAKA [REFERRED TO]
MAHENDRAN VS. THE STATE OF TAMIL NADU [REFERRED TO]
VIJAY MOHAN SINGH VS. STATE OF KARNATAKA [REFERRED TO]
JUDGEMENT
ARINDAM LODH, J. -
(1.)In K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1, Hon 'ble Apex Court of our land observed:
"614. It is wrong to consider that the concept of the supervening spirit of justice manifesting in different forms to cure the evils of a new age is unknown to Indian history. Lord Shri Krishna declared in Chapter 4 Text 8 of The Bhagavad Gita thus:
The meaning of this profound statement, when viewed after a thousand generations is this: That each age and each generation brings with it the challenges and tribulations of the times. But that supreme spirit of justice manifests itself in different eras, in different continents and in different social situations, as different values to ensure that there always exists the protection and preservation of certain eternally cherished rights and ideals. It is a reflection of this divine "Brooding spirit of the law ", "the collective conscience ", "the intelligence of a future day " that has found mention in the ideals enshrined in, inter alia, Articles 14 and 21, which together serve as the heart stones of the Constitution. The spirit that finds enshrinement in these articles manifests and reincarnates itself in ways and forms that protect the needs of the society in various ages, as the values of liberty, equality, fraternity, dignity, and various other constitutional values, constitutional principles. It always grows stronger and covers within its sweep the great needs of the times. This spirit can neither remain dormant nor static and can never be allowed to fossilise. "
(2.)In a murderous assault, one member of Tripura Legislative Assembly and one of his associates were killed, and four others had suffered simple/grievous injuries on their persons. Altogether, initially twenty five persons were tried by Additional Sessions Judge, West Tripura, Agartala (Court No.2) for various offences. The trial was concluded with judgement and order of acquittal for five of them and conviction and sentence of the other twelve, recorded under Sections 147/148/120B/326/307 and 302 read with Section 149 of IPC and Section 3 of the Explosive Substances Act read with Section 149 of IPC. It is to be mentioned here, in the meanwhile, seven accused persons died and one is still absconding. The incident occurred on 07.04.1983 in between 10.45/11.00 hrs. and the trial was completed with the judgment dated 29.04.2016 and 30.04.2016 respectively as aforesaid.
(3.)Twelve convicts, namely Shri Sasthi Chakraborty, Shri Kajal Roy @ Kajal Kumar Roy @ Kajal Sutradhar, Shri Abhoy Kanta Bhushan @ Abhoy Bhushan, Shri Uttam Saha, Shri Sukhendu Das, Shri Babul Das, Shri Chinmoy Ghosh, Shri Hiranmoy Ghosh, Shri Mrinal Sengupta, Shri Pradul Sengupta, Shri Sajal Sarkar and Shri Bijoy Kumar Das have filed a joint appeal registered as Criminal Appeal (J) No.35 of 2016, titled as Sasti Chakraborty and Ors. v. State of Tripura.
;
"614. It is wrong to consider that the concept of the supervening spirit of justice manifesting in different forms to cure the evils of a new age is unknown to Indian history. Lord Shri Krishna declared in Chapter 4 Text 8 of The Bhagavad Gita thus:
The meaning of this profound statement, when viewed after a thousand generations is this: That each age and each generation brings with it the challenges and tribulations of the times. But that supreme spirit of justice manifests itself in different eras, in different continents and in different social situations, as different values to ensure that there always exists the protection and preservation of certain eternally cherished rights and ideals. It is a reflection of this divine "Brooding spirit of the law ", "the collective conscience ", "the intelligence of a future day " that has found mention in the ideals enshrined in, inter alia, Articles 14 and 21, which together serve as the heart stones of the Constitution. The spirit that finds enshrinement in these articles manifests and reincarnates itself in ways and forms that protect the needs of the society in various ages, as the values of liberty, equality, fraternity, dignity, and various other constitutional values, constitutional principles. It always grows stronger and covers within its sweep the great needs of the times. This spirit can neither remain dormant nor static and can never be allowed to fossilise. "
(2.)In a murderous assault, one member of Tripura Legislative Assembly and one of his associates were killed, and four others had suffered simple/grievous injuries on their persons. Altogether, initially twenty five persons were tried by Additional Sessions Judge, West Tripura, Agartala (Court No.2) for various offences. The trial was concluded with judgement and order of acquittal for five of them and conviction and sentence of the other twelve, recorded under Sections 147/148/120B/326/307 and 302 read with Section 149 of IPC and Section 3 of the Explosive Substances Act read with Section 149 of IPC. It is to be mentioned here, in the meanwhile, seven accused persons died and one is still absconding. The incident occurred on 07.04.1983 in between 10.45/11.00 hrs. and the trial was completed with the judgment dated 29.04.2016 and 30.04.2016 respectively as aforesaid.
(3.)Twelve convicts, namely Shri Sasthi Chakraborty, Shri Kajal Roy @ Kajal Kumar Roy @ Kajal Sutradhar, Shri Abhoy Kanta Bhushan @ Abhoy Bhushan, Shri Uttam Saha, Shri Sukhendu Das, Shri Babul Das, Shri Chinmoy Ghosh, Shri Hiranmoy Ghosh, Shri Mrinal Sengupta, Shri Pradul Sengupta, Shri Sajal Sarkar and Shri Bijoy Kumar Das have filed a joint appeal registered as Criminal Appeal (J) No.35 of 2016, titled as Sasti Chakraborty and Ors. v. State of Tripura.
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