MD.DUDHU MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These three appeals have been preferred challenging the common judgment dtd. 4/3/2023 and also against the date of sentencing order dtd. 6/3/2023 delivered by the Special Judge, Court No.2, Gomati Judicial District, Udaipur of convicting the appellants in Case No.Special 01 of 2022. By the said judgment the convict appellants Md. Tajul Islam, Md. Saddam Hossain, Md. Rabban Ali, Md. Dudhu Miah and Md. Samiman Hossain have been sentenced to suffer simple imprisonment for a period of one month with fine of Rs.500.00 each under Sec. 341 of IPC in default to suffer R.I. for three days. All the convicts also have been sentenced to suffer R.I. for two years with fine of Rs.2,000.00 each under Sec. 324 of IPC in default to suffer R.I. for one month and the convicts have been sentenced to suffer R.I. for a period of seven years with fine of Rs.5,000.00 each under Sec. 366 of IPC in default to suffer R.I. for three months and the convicts have been further sentenced to suffer imprisonment for life which shall mean imprisonment for the remainder of those convicts natural life and with fine of Rs.50,000.00 each under Sec. 376D of IPC in default to suffer R.I. for six months. The convicts have been further sentenced to suffer R.I. for life with fine of Rs.5,000.00 each under Sec. 120B of IPC in default to suffer R.I. for three months. Further they were sentenced to suffer R.I. for a period of three years with fine of Rs.3000.00 each under Sec. 3(1)(w)(i)(ii) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 in default to suffer R.I. for three months. They were further sentenced to suffer R.I. for five years with fine of Rs.5,000.00 under Sec. 2(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 in default to suffer R.I. for four months. By the said judgment of conviction and sentence it was ordered that all the sentences shall run concurrently and the fine money if realized shall be handed over to the victim as compensation.

(2.) Heard Mr. P.K. Biswas, Learned Senior counsel assisted by Mr. P. Majumder, Learned counsel, Mr. P. Biswas, Learned counsel and Mr. R. Nath, Learned counsel representing the appellant Md. Tajul Islam, Mr. T. D. Majumder, Learned Senior counsel assisted by Mr. T. Halam, Learned counsel appearing for the appellants Md. Saddam Hossain and Md. Rabban Ali and Mr. J. Bhattacharjee, Learned counsel along with Mr. S. Ghosh, Learned counsel representing the appellants Md. Dudhu Miah and Md. Samiman Hossain alias Nayan and also heard Mr. Raju Datta, Learned P.P. representing the prosecution/state-respondent.

(3.) Before entering into the merit of the case let us discuss about the subject matter of the prosecution before the Learned Trial Court. On 19/11/2021 in the evening at about 7.00 p.m. the first informant Rana Bahadur Jamatia along with his wife (victim) had gone to Patichari Rash Mela under Santirbazar PS by riding his motorbike bearing registration No.TR-03H-6702 and in the midnight of 20/11/2021 at around 2.30 a.m. they were returning back to their house by riding that motor bike. On the way while they were crossing the Tepania Eco Park, Udaipur over Agartala-Sabroom NH-8 Road suddenly one silver coloured Maruti Alto 800 vehicle bearing registration No.TR-04A-0370 after coming from back side twice dashed against the motorbike of first informant resulting which the wife of the informant (the victim) fell down on the earth from the motor bike. That time five miscreants alighted from the said Maruti Alto vehicle armed with weapons to their hands snatched away the mobile set of the informant. Thereafter they started assaulting the informant on the back side of head with an iron rod and as a result he fell down on the road. Thereafter those miscreants abducted the wife of the informant with the said Maruti Alto vehicle and fled away from the scene of occurrence.