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2015 Supreme(Tri) 663

DEEPAK GUPTA, S.TALAPATRA
Birajit Sinha – Appellant
Versus
State of Tripura – Respondent


Advocate Appeared:
For the Appellant:Sri P.K. Biswas, Senior Advocate, Sri H.K. Bhowmik and Sri P. Majumder, Advocates.
For the Respondent: Sri R.C. Debnath, Additional Public Prosecutor, Sri Debashish Roy, Spl. Public Prosecutor and Sri D.C. Kabir, State Counsel.

JUDGMENT

DEEPAK GUPTA, J.

1. By means of this judgment, the following three appeals (Criminal Appeal No. 23 of 2013, Criminal Appeal No. 25 of 2013 and Criminal Appeal No. 5 of 2014) are being disposed of since they arise out of one incident and one judgment.

2. The prosecution story briefly stated is that on 20th July, 2004 at about 11.35 a.m. accused Birajit Sinha, who is a member of the Tripura Legislative Assembly along with the other co-accused including his security guards provided to Birajit Sinha by the police, reached Babur Bazar tri-junction in Kailashahar town. The accused party was travelling in two vehicles. It is alleged that there was some bye-election to a ward of North Tripura Zilla Parishad being conducted on that day and Birajit Sinha was annoyed that the supporters of his party had been restrained from casting their votes by the complainant Abdul Rahaman. At Babur Bazar tri-junction Birajit Sinha along with the other accused got down from his vehicle and then went to the complainant and accused the complainant of restraining the supporters from casting their votes. An altercation took place between Birajit Sinha and the informant Abdul Rahaman.

3. The story of th
































































































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