AMAR MALLA Vs. STATE OF TRIPURA
LAWS(SC)-2002-8-43
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on
August 23,2002
AMAR MALLA
Appellant
VERSUS
STATE OF TRFPURA
Respondents
Cited Judgements :-
CHACK ALIAS ANIYAN KUNJUS VS. STATE OF KERALA [LAWS(KER)-2002-10-52] [REFERRED TO]ARJUN MARUTI SHIRSATH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-11-65] [REFERRED TO]
GAHININATH JAGANNATH SHIRSATH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-11-72] [REFERRED TO]
PANDHARINATH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-4-175] [REFERRED TO]
RAISINGH VS. STATE OF C G [LAWS(CHH)-2013-9-14] [REFERRED TO]
KUMAR S/O. SH. RAMESH CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-3-19] [REFERRED TO]
SANJAY GURUDAS GADEKAR VS. STATE [LAWS(BOM)-2009-12-75] [REFERRED TO]
DILBAG SINGH VS. STATE OF HARYANA [LAWS(P&H)-2006-7-512] [REFERRED TO]
BUNDI CHOUDHARY VS. STATE OF BIHAR WITH [LAWS(PAT)-2008-9-221] [REFERRED TO]
R. MANOHARAN VS. STATE [LAWS(MAD)-2014-11-254] [REFERRED TO]
RAVI KUMAR S/O. SH. KEETO RAM, CASTE NATH, VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-3-342] [REFERRED TO]
CHAMAN LAL VS. STATE [LAWS(DLH)-2011-2-554] [REFERRED TO]
MADHAVAN AND ORS. VS. STATE [LAWS(MAD)-2015-12-192] [REFERRED TO]
SURAJ BALI AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-6-24] [REFERRED TO]
BISHNA ALIAS BHISWADEB MAHATO VS. STATE OF W B [LAWS(SC)-2005-10-43] [REFERRED TO]
STATE OF MADHYA PRADESH VS. DEVI SINGH [LAWS(MPH)-2011-5-58] [REFERRED TO]
NOUSHAD VS. STATE OF KERALA [LAWS(KER)-2005-12-4] [REFERRED TO]
ARUNKUMAR ALIAS KALLU RAJENDRAPRASAD PANDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-2-67] [REFERRED TO]
STATE OF MADHYA PRADESH VS. PAPPU ALIAS NARAYAN SINGH AND ORS [LAWS(MPH)-2011-5-113] [REFERRED]
MAJOR SINGH AND OTHERS VS. STATE OF PUNJAB [LAWS(P&H)-2006-7-645] [REFERRED]
MUNISHAMAPPA & ORS VS. STATE OF KARNATAKA [LAWS(SC)-2019-1-73] [REFERRED TO]
PREMCHAND VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-8-33] [REFERRED TO]
CHRISTUDHAS VS. STATE [LAWS(MAD)-2020-7-346] [REFERRED TO]
RAJ SINGH AND ORS. VS. STATE [LAWS(DLH)-2019-9-398] [REFERRED TO]
SURAJIT BHUNIA VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-2-39] [REFERRED TO]
JUDGEMENT
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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.
(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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