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2020 Supreme(Tri) 22

AKIL KURESHI, S.TALAPATRA
Abdul Malik, S/o. Late Tahid Ali – Appellant
Versus
State of Tripura, represented by the Secretary to the Government of Tripura, Home Department, Agartala – Respondent


Advocates Appeared:
For the Appellant : Mr. A. Nandi, Adv.
For the Respondent: Mr. R. Datta, P.P., Mr. S. Debnath, Addl. P.P.

JUDGMENT :

These appeals arise from the judgment of conviction and the consequential order of sentence dated 01.06.2018 delivered in Case No.ST/T-1/27/2017 by the Sessions Judge, North Tripura, Dharmanagar.

2. The appellants have been convicted under Section 395 read with Section 34 of the IPC for committing dacoity. In terms of the conviction, the appellants are sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/- with default stipulation. The detention they suffered has been directed to be set off against the term of imprisonment under Section 428 of the Cr.P.C.

3. The genesis of the prosecution case is rooted in the complaint filed against the unknown miscreants by one Anjali Nath [PW-1] on 25.09.2012 to the officer in charge, Dharmanagar PS. In the said complaint, a cognizable offence had been revealed by stating that in the wee hour of night, at about 2.10 a.m., when the complainant was sleeping, a group of seven or eight unknown persons entered their house and by breaking the latch they came inside their room and took away the golden ornaments with estimated value of 1.5 lakhs, a cash of Rs.25,000/-, five mobile phones. Those raiders had dao [a sharp

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