Decided on March 14,2019

Etim Miah Appellant
The State of Tripura Respondents


ARINDAM LODH,J - (1.)This batch of criminal appeals has been taken up together for disposal by this common judgment.
1.1 These appeals, under Section 374 of Cr.P.C., have been directed against the judgment and order of conviction and sentence, dated 10.08.2017, passed by learned Addl. Sessions Judge, Sonamura, West Tripura (now Sepahijala District) in Sessions Trial (T-I) 12 of 2016, whereby and whereunder the learned Addl. Sessions Judge held the accused-appellants namely, (1) Sahalam Miah, (2) Etim Miah, (3) Mahalam Miah, (4) Jilan Miah alias Jalil Miah, (5) Miton Miah and (6) Jahir Alam guilty of committing offence punishable under Section 307 read with Section 34 of IPC and sentenced them to suffer R.I. for 7(seven) years and to pay a fine of Rs.5000/- (Rupees five thousand) each in default to suffer R.I. for 6(six) months.

(2.)Heard Mr. P. Majumder, learned counsel for the appellants and Mr. B. Choudhury, learned Public Prosecutor for the State-respondent.
(3.)Prosecution case, in short, is that on 11.04.2015 at about 22:35 hours one Madhu Sudhan Das, S/o Suresh Ch. Das of North Kalamchoura lodged an oral complaint to S.I. Sudhangshu Bikash Sarkar of Kalamchoura P.S. alleging inter alia that on that day at about 08:45 pm when the informant standing in front of the shop of one Subodh Das at Chatiantilla, at that time he found some persons, namely, (1) Sahalam Miah, S/o Etim Miah, (2) Etim Miah, S/o Lt. Ali Ahamed, (3) Jahir Alam, S/o Etim Miah, (4) Mitan Miah, S/o Sahalam Miah, (5) Mahalam Miah, S/o Etim Miah,(6) Jilan Miah, S/o unknown of village Matinagar, under Sonamura P.S. along with 3/4 more persons attacked one Sri Suman Miah, S/o Sri Samed Miah with 'cheni dao', lathi etc. with an intention to kill him and then the son of the complainant namely Digbijoy Das had made request to Sahalam and his associates for not assaulting Suman. Then and there Sahalam, Etim Miah and their associates had started inflicting blows on the head, back and neck of his son by 'cheni dao'. The informant had proceeded to save his son but Sahalam and others had chased him with such 'cheni dao'. He out of fear had left the place. He asserted in the ejahar that nobody had come forward to rescue his son Digbijoy. Digbijoy sustained grievous bleeding injuries on his neck, back, head and eyes caused by 'dao' blows. Instantly, he was shifted to Boxanagar Hospital and thereafter the doctor referred him to G.B.P. Hospital for better treatment.
3.1 The case was duly investigated and after completion of investigation I.O. submitted charge-sheet against all the six accused-appellants for commission of offence punishable under Section 307 / 34 of IPC.


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