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2012 Supreme(Gau) 1030

PRASANTA KUMAR SAIKIA
Padan Dhar – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Mr. P.R. Barman, Mr. N. Guha, Ms. S. Tripura, and Ms. R. Guha,
For Respondents/Defendant: Spl. Public Prosecutor

JUDGMENT

P.K. Saikia, J.

1. In this appeal, the judgment dated 11.6.10 passed by the learned Sessions Judge, North Tripura, Kailashahar, in case No. ST. (NT/K) 27 of 2009 convicting the accused-appellants under Section 304 Part-1 read with Section 34 of the Indian Penal Code (for short 'the IPC) and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 25,000/- each in default R.I. for further period of 2 years, has been challenged. The facts and circumstances necessary for disposal of the present appeal in short are that on 14.07.2008 at about 9 p.m. one Sudhangshu Shill, since deceased, as usual, was returning home from market. When he reached a place near Naba Jagriti Club of South Kacharghat area, the accused-appellant Shri Pannalal asked him to come down to him. On being so called, he got down from his bicycle and proceeded towards the accused-appellant Shri Pannalal. Other accused-appellants were also with accused Pannalal at that rime.

2. The moments he reached them, accused-appellants demanded him money so that they could purchase wine with it. The deceased did not agree to such demand for which accused-appellants started assaulting him. Some of

















































































































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