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2013 Supreme(Gau) 199

UTPALENDU BIKAS SAHA, SUBHASIS TALAPATRA
Jayanta Kalai – Appellant
Versus
State of Tripura – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: P.K. Biswas and P. Majumder
For Respondents/Defendant: A. Ghosh, Additional P.P.

JUDGMENT

S. Talapatra, J.

1. This appeal under Section 374 of the Criminal Procedure Code, 1973 (Cr. P.C in short) is directed against the judgment of conviction and order of sentence dated 03.07.2007 as passed by the Sessions Judge, South Tripura, Udaipur in S.T. No. 65(ST/A)/2004, convicting and sentencing the appellants to suffer R.I. for life and to pay a fine of Rs. 5,000/- each, and in default of payment of fine to suffer further R.I. for one year for the offence under Section 376(2)(g) of the IPC. We have heard Mr. P. K. Biswas, learned counsel appearing for the appellants as well as Mr. A. Ghosh, learned Additional P.P. appearing for the respondent-State.

2. For appreciation of the challenge, the essential facts may be noticed briefly.

One Braja Debbarma, son of Shri Bikram Debbarma of village-Taichakma, P.S. Taidu, South Tripura filed a complaint stating that on 20.06.2003 (Friday) at about 08-30 O'clock in the morning on coming to Taidu police station and identifying the police officer in-charge he lodged one ejahar to disclose that on 19.06.2003, Thursday, at about 6 O'clock in the evening, he went to Ompi from Taichakma for visiting the 'Anandamela' (the village fair). Afte































































































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