They were a crowd in the beginning but when the charge sheet was laid there were twenty four persons for offences under Section 302 read with Section 149 and Sections 148 and 201 of the Indian Penal Code.
When the Sessions Judge examined the case for the purpose of framing the charge he found that only ten can be charged and hence discharged the remaining fourteen at the stage of Section 227 of the Criminal Procedure Code.
The companyvicted four persons including, two appellants filed appeal before the High Court and a Division Bench companyfirmed the companyviction of the appellants for the offence under Section 302 read with Section 34 of the I.P.C. The other two were acquitted.
After trial, four persons were companyvicted by the trial Court under Section 302 read with Section 34 and sentenced each of them to imprisonment for life.
They and the remaining were companyvicted under Section 148 of the Indian Penal Code for which short term of imprisonment had been awarded.
The charges framed against A.3 Hemanta Tripura and A. 4 Jatindra Tripura have been read out by Dr. U.R. Lalit, learned senior companynsel who argued for the appellant to show that those two persons were specifically charged for the murder of the deceased Nepal Das in this case, whereas the present appellants were charged only with Section 302 read with Section 149 of the I.P.C. The substance of the allegation against them was that on 21 6 1990 at about 4.00 p.m. they along with their companypanions who all belonged to Communist Marxist party chased the deceased Nepal Das who belonged to the Congress Party and finally they succeeded in intercepting the victim and some of the assailants strangulated him to death.
The appellants are only two number as all other companyaccused got dropped off on the way.
Thus the present two appellants have filed this appeal by special leave.
