C.R. Sarma, J.

1. Heard Mr. M.K. Roy, learned Counsel for the Appellants. Also heard Mr. R.C. Debnath, learned Special PP for the State.

2. By this appeal, the judgment and order dated 3.6.2005 passed by the learned Addl. Sessions Judge, West Tripura, Khowai in ST No. 20 (WT/K) of 2004 has been challenged.

3. The prosecution case, in brief, may be stated as follows:

On 23.1.2003 at about 5.30/6.00 p.m. about 6/7 miscreants, dressed in Assam Rifles uniform, being armed with fire arms trespassed into the house of Smt. Sadhana Debbarma (informant) at East Tekchhaia village under Champahowar Police Station. The informant could recognize the Appellants and Binode Debbarma (absconder). The said miscreants asked Sri Paresh Debbarma, the husband of the informant as to whether he had raised subscription from the villagers. As the husband of the informant expressed his inability to collect subscription, the said miscreants, who dragged and assaulted her husband, had shot at his back causing serious injury to him. The miscreants aforesaid also assaulted the informant, when she tried to rescue her husband. The injured was immediately taken to hospital for treatment.

4. The Police on receipt