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TRIPURA HIGH COURT
Justices, J
Musaraf Hussain and Others v. State of Tripura
| Table of Content |
|---|
| 1. judgment by addl. sessions judge challenged. (Para 1) |
| 2. details of the attack and fir. (Para 2 , 3 , 4) |
| 3. trial court's conviction of the petitioners. (Para 5 , 6) |
| 4. analysis of s.365 ipc elements. (Para 24 , 25 , 27) |
| 5. final ruling on the conviction. (Para 28 , 29) |
1. By means of this criminal revision petition, the petitioners have challenged the judgment and order dated 06.07.2017 passed by the learned Addl. Sessions Judge, West Tripura, Sonamura in case number Criminal Appeal 01 of 2017 affirming the judgment and order of conviction and sentence dated 04.03.2017 passed by the learned Sub-Divisional Judicial Magistrate, Sonamura in case number GR 373 of 2012 sentencing each of the petitioners to RI for 2 (two) years and fine of Rs.5,000/- for committing offence punishable under S.365 read with S.34 IPC with default stipulation and RI for 1 (one) year for committing offence punishable under S.324 read with S.34 IPC directing that both the sentences shall run concurrently.
2. The prosecution case, briefly stated, is that at around 4 O'clock in the afternoon on 28.07.2012, the petitioners who are father and sons, attacked Sri Narayan Chandra Baidya, a 73 years' old
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