Md. Dudhu Miah And Another vs The State Of Tripura
2023 Latest Caselaw 399 Tri

                               Page 1 of 3



                       HIGH COURT OF TRIPURA
                         _A_G_A_R_T_A_L_A_
                          Crl.A(J) No.23 of 2023
Md. Dudhu Miah and another

                                                     ...... Appellant(s)

                            VERSUS
The State of Tripura
                                                     ......Respondent(s)

Crl.A(J) No.24 of 2023 Md. Saddam Hossain and another

...... Appellant(s)

VERSUS The State of Tripura ......Respondent(s)

For Appellant(s) : Mr. T.D. Majumder, Sr. Advocate, Mr. J. Bhattacharjee, Advocate, Mr. S. Ghosh, Advocate, Mr. Tapash Halam, Advocate.

For Respondent(s) : Mr. Samrat Ghosh, Addl. P.P.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH

_O _R _D _E_ R_ 16.05.2023

Let Crl.A(J) No.24 of 2023 which is also on board today be

tagged along with the instant appeal as they both arise out of the same

impugned judgment of conviction dated 04.03.2023 and order of sentence

dated 06.03.2023 passed by the learned Special Judge, Court No.2, Gomati

Judicial District, Udaipur in Case No. Special 01 of 2022 whereunder these

appellants (two each in these appeals) and another Tajul Islam has been

convicted for the offences punishable under Sections 341/324

/366/376(D)/120(B) read with Section 34 of IPC and Sections

3(1)(w)(i)(ii)/3(2)(va) of Scheduled Case & Scheduled Tribes (Prevention

of Atrocities) Act, 1989 and sentenced them to suffer (i) simple

imprisonment for a term of 1(one) month with fine of Rs.500/- each under

section 341 of IPC in default of payment of fine to suffer SI for 3(three)

days only; (ii) Rigorous imprisonment for a term of 2(two) years with fine

of Rs.2,000/- each under section 324 of IPC in default of payment of fine to

suffer RI for 1(one) month only; (iii) Rigorous imprisonment for a term of

7(seven) years with fine of Rs.5,000/- each under Section 366 of IPC in

default of payment of fine to suffer RI for 3(three) months only; (iv)

Rigorous imprisonment for a term of life which shall mean imprisonment

for the remainder of those convicts natural life, and with fine of Rs.50,000/-

each under Section 376D of IPC in default of payment of fine to suffer RI

for 6(six) months only; (v) Rigorous imprisonment for a term of life and

with fine of Rs.5,000/- each under Section 120B of IPC in default of

payment of fine to suffer RI for 3(three) months only; (vi) Rigorous

imprisonment for a term of 3(three) years and with fine of Rs.3,000/- each

under section 3(1)(w)(i)(ii) of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 in default of payment of fine to

suffer RI for 3(three) months only and (vii) Rigorous imprisonment for a

term of 5(five) years and with fine of Rs.5,000/- each under section

3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 in default of payment of fine to suffer RI for 4(four)

months only.

Admit.

Call for the lower court records from the concerned court.

Prayer for suspension of sentence made by the appellants in

both these appeals shall be considered after receipt of the LCR.

Registry to prepare Paper Book. Registry shall also ascertain

whether the other co-convict, Tajul Islam has preferred any appeal and if

so, office note should indicate the same.

Matter be listed for hearing in usual course.

(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ

Dipesh