S. Talapatra, J. - (1.)All these appeals are consolidated for disposal by a common judgment inasmuch as these are all directed against the same judgment and order dated 22.04.2016 delivered in Case No.ST(WT/K) 47 of 2011.
(2.)By the said judgment, the appellant in Crl.A.(J)37 of 2016 [Kartik @ Jhikna Debbarma v. State of Tripura] was convicted under Section 302 read with Section 149 of the IPC and sentenced to suffer rigorous imprisonment for life and fine of Rs.10,000/- with default stipulation. The said appellant has also been convicted under Section 326 read with Section 149 of the IPC and sentenced to suffer rigorous imprisonment for life and fine of Rs.5000/- with default stipulation. Both the sentences are directed to run concurrently. Similarly, the appellant in Crl.A.(J)38 of 2016 namely Ashoke Debbarma @ Ashok v. State of Tripura and the appellant in Crl.A.(J)39 of 2016 namely Sri Sonai Debbarma @ Brajendra v. State of Tripura have been convicted under Section 302 read with Section 149 of the IPC and sentenced to suffer rigorous imprisonment for life and fine of Rs.5000/- with default stipulation. They are also convicted under Section 326 read with Section 149 of the IPC and sentenced to suffer rigorous imprisonment for life and fine of Rs.10000/- with default stipulation. Both the sentences are directed to run concurrently.
(3.)The genesis of the prosecution case is rooted in the complaint filed by one Nitai Sarkar [PW-31] revealing to the Officer-in- Charge, Kalyanpur Police Station that on 15.08.2003 at about 21.30 hrs. when he was proceeding towards Moharchara market place, he heard the gunshots from the end of his house. There were shrill cries of people from that end amidst the gunshots. In the meantime, the police vehicle carrying police personnel appeared there. Later on, he discovered that in the occurrence, 20 to 25 extremists were involved. In the incident, Ranjit Debnath, Lata Debnath, Harendra Sarkar, Narendra Sarkar and his wife, Lob Sarkar, the son of Narendra Sarkar, minor son of Monaranjan Sarkar, Suniti Sarkar, mother of Premananda Sarkar and mother of Haridhan Sarkar were killed and seven other persons were seriously injured.
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