CHARAN MOHAN TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. K Nath, learned legal-aid-counsel appearing for the appellants and Mr. S Ghosh, learned Addl. PP appearing for the respondent-State.

(2.) The appeal arises out of the judgment and sentence dtd. 19/7/2023 passed by the learned Sessions Judge, Dhalai, Ambassa in case No. ST (Type-1) 28 of 2018 whereby and where under both the appellants were convicted under Sec. 307 IPC and Sec. 450 IPC and were sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000.00each under both the counts, and in default to pay the fine, to suffer further rigorous imprisonment for six months. Both the sentences were directed to run concurrently.

(3.) An oral FIR was lodged by one Smt. Shyamarika Tripura on 10/3/2018 at Gandacherra Hospital alleging that on that day at around 9 am when her husband Sri Umesh Tripura was working on the roadside in front of their house, both the appellants started assaulting him with catapult and lathi and to save himself, her husband took shelter in the kitchen of his maternal uncle, Sri Sushil Tripura. The appellants chased him there and thrashed him with dao, lathi etc. with a view to kill him and finally left him there with severe injuries on his face, nose and ear. Neighbouring people thereafter shifted the victim to Gandacherra Hospital wherefrom he was shifted to Udaipur Hospital. It was further stated by the informant that previously, on 4/3/2018 at about 12 pm, both the appellants in of her husband entered into her house and took away some coconuts with them by giving threat to the informant. Thereafter, the said matter was informed by the victim husband of the informant to the Gandacherra police station.