Swapan Chandra Das, J.

1. The appellant, Manik Miah, named above, has been found guilty of committing offence punishable under Section 458 of IPC, by the learned Additional Sessions Judge (Fast Track Court), North Tripura, Kailashahar in ST 16(NT/K) of 2003 and sentenced him to suffer R.I. for 6(six) months and to pay a fine of Rs. 1000/- (Rupees one thousand) in default of payment of fine to suffer further R.I. for 2(two) months. Learned Additional Sessions Judge also directed the appellant to pay a compensation of Rs. 25,000/- (Rupees twenty five thousand) to the victims invoking the jurisdiction under Section 357(3) of CrPC. Being aggrieved and dissatisfied, the appellant preferred the appeal and prayed for setting aside the judgment and order of conviction and sentence.

2. Heard learned counsel, Mr. Arijit Bhowmik for the appellant and learned Addl. P.P., Mr. P. Bhattacharjee for the respondent.

3. Fact of the case may be summarised thus:-

3.1 On the intervening night of 14.1.2002 and 15.01.2002, Ashid Ali @ Ashique Ali (P.W.2) along with his wife, Aminur Necha (P.W. 4), their son Nurul Islam (P.W. 14) and daughter Rajina Begam (P.W.15) were sleeping in their residential hu