AMAR MALLA Vs. STATE OF TRIPURA
SUPREME COURT OF INDIA (FROM: GAUHATI)
STATE OF TRFPURA
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(1.)Appellants were convicted by the trial Court under Section 302 read with Section 34 of the Penal Code and sentenced to undergo imprisonment for life. They were further convicted under Section 326 read with Section 34 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for a period of three years. The sentences, however, were ordered to run concurrently. On appeal being preferred by the appellants, their convictions and sentences have been upheld by the High Court.
(2.)Prosecution case, in short, is that on 5-9-1990 at 9 P.M. a meeting in the locality was held in the house of one Subhash Chandra Das (PW.4) to discuss the organisational matters in respect of ensuing Durga Puja which the members wanted to celebrate under the auspices of Kiran Sangha Club, its Secretary being one Narayan Debnath (PW.18). At the place of meeting, all of a sudden, thirteen accused persons came armed with daos (chopper), lathis, ballams, etc. and started assaulting Laxman Debnath, Baghla Charan Das (PW.9), Santosh Das (PW12), Rajani Debnath (PW16) and Narayan Debnath (PW18) on their heads and other parts of body as a result of which Laxman Debnath subsequently succumbed to the injuries. When the accused persons were going out from the house, they assaulted other persons as well. Stating the aforesaid facts, on the basis of the written report submitted by PW.4, the First Information Report was drawn up at the police station on the same day at 10.45 p.m. in which names of all the accused persons were mentioned.
(3.)The police after registering the case took up investigation and on completion thereof submitted charge-sheet on receipt whereof, the learned Magistrate took cognizance and committed all the 13 accused to the Court of Session to face trial.
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