JUDGMENT : This appeal under Section 374 of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 29.07.2017 & 31.07.2017, passed by the learned Additional Sessions Judge (Court No.5), West Tripura District, Agartala in Case No. ST(T-1) 01/2015 whereby the learned Additional Sessions Judge has convicted and sentenced the accused-appellants in the following terms:- Accused-appellants namely (1) Sri Narayan Debnath, (2) Sri Rati Rn. Laskar, (3) Sri Gauranga Bhowmik, (4) Sri Gauranga Dey, (5) Sri Bikas Das, (6) Sri Monoranjan Paul, (7) Sri Bijoy Krishna Mishra @ Sadhan, (8) Sri Pran Krishna Sutradhar, (9) Smt. Kajal Debnath, (10) Sri Keshab Debroy (11) Sri Tapas Laskar and (12) Sri Uttam Dey are to suffer imprisonment for 2 (two) years each for commission of offence punishable under Section 147 of IPC and also to pay a fine of Rs.1,000/- each in default to suffer simple imprisonment for 1(one) month each. All the aforesaid accused-appellants are also to suffer imprisonment for 3(three) months each for commission of offence punishable under Section 447 of IPC and also to pay a fine of Rs.500/- each in default to suffer further simple imprisonment for 15 days each. The accused-appellants are also to suffer imprisonment for 7(seven) years each for commission of offence punishable under Section 436 read with Section 149 of IPC and also to pay a fine of Rs.10,000/- each in default to suffer further simple imprisonment for 6 months each. The accused-appellant namely (1) Sri Keshab Debroy, (2) Sri Tapas Laskar and (3) Sri Uttam Dey are also sentenced to suffer imprisonment for 1(one) year each for commission of offence punishable under Section 323 read with Section 34 of IPC and also to pay a fine of Rs.1,000/- each in default to suffer further simple imprisonment for 1 month each. 2. Briefly stated, the facts that led the accused-appellants to face trial are that on 22.11.2014 A.D. at 7.45 p.m. a group of people consisting of 100 persons (approx.) including the FIR named accused persons criminally trespassed into the dwelling house of father of the informant Sri Sudhir Debnath at Champamura by breaking boundary fencing. They assaulted sister-in-law, Ruma Debnath (wife of elder brother of the informant), took away the house hold goods and thereafter they set fire in the house. 3. They assaulted sister-in-law, Ruma Debnath (wife of elder brother of the informant), took away the house hold goods and thereafter they set fire in the house. 3. On the basis of complaint of Sri Manik Debnath, the Officer-in-Charge, Bishalgarh P.S. registered a Case bearing FIR No.2013BLG166, dated 22.11.2014, under Sections 148, 149, 447, 325, 384, 427, 436 of IPC against the 7(seven) FIR named accused persons namely (1) Tapas Laskar, (2) Uttam Dey, (3) Keshab Deb Roy, (4) Rati Laskar, (5) Gouranga Bhowmik, (6) Pran Krishna Sutradhar and (7) Sadhan Misra of Champamura under Bishalgarh P.S. and some others. 4. After completion of investigation, the I.O. has submitted charge-sheet and the case on being committed, the learned Addl. Sessions Judge (Court No.5), West Tripura, Agartala has framed charges in connection with ST(T-1) 01 of 2015 which are reproduced in verbatim as follows:- “CHARGE I Shri S.K. Majumder, Addl. Sessions Judge, West Tripura, Agatala (Court No.5) do hereby charge you; 1. Narayan Debnath 2. Rati Rn. Laskar, 3. Gouranga Bhowmik, 4. Gouranga Dey, 5. Bikas Das, 6. Monoranjan Paul, 7. Bijoy Krishna Misra alias Sadhan 8. Pran Krishna Sutradhar, 9. Smt. Kajal Debnath, 10. Keshab Debroy, 11. Tapas Laskar and 12. Sessions Judge, West Tripura, Agatala (Court No.5) do hereby charge you; 1. Narayan Debnath 2. Rati Rn. Laskar, 3. Gouranga Bhowmik, 4. Gouranga Dey, 5. Bikas Das, 6. Monoranjan Paul, 7. Bijoy Krishna Misra alias Sadhan 8. Pran Krishna Sutradhar, 9. Smt. Kajal Debnath, 10. Keshab Debroy, 11. Tapas Laskar and 12. Uttam Dey as follows: First, that all of you, on 22.11.2014, at about 6:45 pm, at the house of informant Sri Manik Debnath, at Champamura School road lying within the local limits of Bishalgarh Police station in West Tripura District, were a member of an unlawful assembly and did, in prosecution of the common object of such assembly, namely to mischief property by way of setting fire in the house of informant to commit the offence with a deadly weapon to wit dao, lathi and that all of you thereby committed an offence punishable under section 148 of IPC., and within my cognizance; Secondly, on the same date, time and place committed criminal trespass by entering into the property at that time in possession of Sudhir Debnath father of the informant with intent to commit an offence to mischief the property of said Sudhir Debnath and that all of you thereby committed an offence punishable under section 447 of IPC, and within my cognizance; Thirdly, on the same date, time and place being the member of an unlawful assembly and in furtherance of common object of that assembly committed mischief by setting fire intending to cause destruction of a building belonging to Sudhir Debnath father of informant which was ordinarily used as a human dwelling hut and that all of you thereby committed an offence punishable under section 436 of IPC read with section 149 of IPC, and within my cognizance; AND I hereby direct that all of you be tried by this Court of Session on the said charges. (S.K. Majumder) Addl. Sessions Judge, West Tripura, Agartala (Court No.5)” “CHARGE I Shri S.K. Majumder, Addl. Sessions Judge, West Tripura, Agatala (Court No.5) do hereby charge you; 1. Keshab Debroy 2. Tapas Laskar and 3. (S.K. Majumder) Addl. Sessions Judge, West Tripura, Agartala (Court No.5)” “CHARGE I Shri S.K. Majumder, Addl. Sessions Judge, West Tripura, Agatala (Court No.5) do hereby charge you; 1. Keshab Debroy 2. Tapas Laskar and 3. Uttam Dey as follows: First, that all of you, on 22.11.2014, at about 6:45 pm, at the house of informant Sri Manik Debnath, at Champamura School road lying within the local limits of Bishalgarh Police Station in West Tripura District, voluntarily caused hurt to Ruma Debnath, W/o Sri Sukanta Debnath and that all of you thereby committed an offence punishable under section 323 of IPC., and within my cognizance; Secondly, on the same date, time and place assaulted Ruma Debnath ,W/o Sri Sukanta Debnath a woman intending to outrage her modesty and that all of you thereby committed an offence punishable under section 354 of IPC., and within my cognizance; AND I hereby direct that all of you be tried by this Court of Session on the said charges. (S.K. Majumder) Addl. Sessions Judge, West Tripura, Agartala (Court No.5)” 5. During the course of trial, as many as 16 witnesses have been examined by the prosecution. 6. It is found from the judgment of learned trial Court that the charge framed against the accused persons namely Keshab Debroy, Tapas Laskar and Uttam Dey for commission of offence under Section 354 of IPC has not been proved. But the learned Addl. Sessions Judge has come to the conclusion that the charges under Sections 147/447/436 read with Section 149 of IPC have been proved against all the accused-appellants of this appeal. In addition, the charge under Section 323 read with Section 34 of IPC has been proved against the three accused-appellants namely Keshab Debroy, Tapas Laskar and Uttam Dey. Accordingly, all the accused-appellants were convicted and sentenced on the aforesaid terms. 7. Mr. R. Datta, learned counsel appearing for the appellants submits that there is no direct evidence against any of the appellants. He further submits that the conviction and sentence of the appellants was based on the evidence of P.W.2 but her deposition has not been corroborated by any other witnesses. 8. I have perused the evidence of P.W.2 and tried to find out whether the statement of P.W.2 has been corroborated by any other witnesses who have deposed before the learned trial Court. 8. I have perused the evidence of P.W.2 and tried to find out whether the statement of P.W.2 has been corroborated by any other witnesses who have deposed before the learned trial Court. After meticulous scrutiny of the evidence led by the witnesses, I find there is no corroboration. I also find that the doctor has not been cited as witness in the charge-sheet. Even no medical reports have been taken into evidence by the investigating officer during the course of investigation to substantiate the nature of injury of the victims which attracts Section 323 of IPC. Investigating agency also did not submit any forensic report which could substantiate that the hut of the complainant was set to fire and in absence of any kind of forensic as well as scientific report in this regard leads me to arrive at a finding that charge under Section 436 of IPC has not been proved. 9. After perusing the evidence on record, I find that none of the independent witnesses have supported the version of the family members of the victim that there was illegal assembly and that the accused-appellants had trespassed the house of the informant’s father. As such, I find no substance in convicting the accused-appellants under Sections 147 & 447 of IPC. 10. I also heard Mr. B. Choudhury, learned Public Prosecutor appearing for the State-respondent as well as Mr. K. Nath, learned counsel appearing for the defacto complainant of the instant case. 11. Learned Public Prosecutor, Mr. Choudhury has fairly conceded that there is lack of evidence to support the conviction and sentence passed by the learned Addl. Sessions Judge, West Tripura, Agartala, Court No.5. 12. Mr. Nath, learned counsel appearing for the defecto complainant has submitted that the defecto complainant including the victims as well as the accused-appellants are all the neighbours and the dispute was cropped up due to some misunderstanding out of political rivalry amongst them. 13. In view of the submissions advanced by the learned counsels of the parties, in my opinion, it would be appropriate to direct the complainant as well as the victims and the accused-appellants to maintain peace and tranquility in the area so that no untoward incident happen in future between the parties concerned in regard to the issue as has been raised in this criminal case. 14. In view of the above, the appeal is allowed. 14. In view of the above, the appeal is allowed. The judgment and order of conviction and sentence dated 29.07.2017 & 31.07.2017, passed by the learned Additional Sessions Judge (Court No.5), West Tripura District, Agartala in Case No. ST(T-1) 01/2015 is set aside. Accordingly, all the accused-appellants deserves to be acquitted. 15. The accused-appellants namely Sri Narayan Debnath, Sri Rati Rn. Laskar, Sri Gauranga Bhowmik, Sri Gauranga Dey, Sri Bikas Das, Sri Monoranjan Paul, Sri Bijoy Krishna Mishra @ Sadhan, Sri Pran Krishna Sutradhar, Smt. Kajal Debnath, Sri Keshab Debroy, Sri Tapas Laskar and Sri Uttam Dey are acquitted of the charges framed against them and they are set at liberty from custody forthwith if not required in any other cases. 16. Appellant Gouranga Bhowmik and Rati Ranjan Laskar since are on bail, sureties of their bail bonds are also discharged from their liability. 17. Send back the L.C.Rs along with a copy of this judgment.