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2008 Supreme(Gau) 840

BIPLAB KUMAR SHARMA, P.K.MUSAHARY
Ishan Deb Barma – Appellant
Versus
State of Tripura – Respondent


JUDGMENT

P.K. Musahary, J.

1. This appeal is directed against the judgment dated 8.11.2002 passed by the learned Additional Sessions Judge, West Tripura, Khowai in Case No. S.T. 23 (WT/K) of 2002 convicting the accused-appellants under Sections 148, 326 and 302/149 of the Indian Penal Code and sentencing each of them (a) R.I. for life and a fine of Rs. 10,000/- in default of payment of fine to suffer R.I. for two months for offence under Section 302/149 IPC, (b) R.I. for 7 years and also a fine of Rs. 5,000/- in default of payment of fine further R.I. for one month under Section 326, IPC and (c) R.I. for 3 years each under Section 148, IPC which would run concurrently and also providing that if the fine money is realized, the same be paid to the parents of the deceased in equal share by way of compensation.

2. The prosecution case, in short, as unveiled at the trial may be narrated, thus:-

In the evening of 27-10-2000 at about 5.00/5.15 p.m., a group of tribal extremists, some of them in the uniform of Assam Rifles men, first attacked the house of the informant Pradip Kumar Shil at Debendra Sadar Para Village under Teliamura P.S. and started firing indiscriminately in the room of his e
























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