CHANDRA KANTA DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Criminal Appeal No. 291 of 1976 has come to this Court by Special Leave granted by this Court against the Judgment passed by the High Court of Assam and Nagaland dated 12th February, 1976 in Criminal Appeal No. 15 of 197 1.

(2.) That the appellants were made accused persons in Sessions Trial No. 45 of 1970 on the facts that one Smt. Pramada Bala Ghosh (P.W. 1) lodged an FIR before Officer-in-charge, Kamalpur Police Station on 21st of June, 1968 stating therein that on 21st June, 1968 approximately at about 5 A.M. about 50 to 60 persons entered into the sweet-meat shop of her younger brother Goshtha Behari Ghosh and they took away various articles mentioned in the FIR and also assaulted her and some of the employees. It was further alleged that she could recognize only Chandra Kanta Debnath and that she would be able to identify others if she sees their faces. It was further alleged that the said persons dismantled the shop by cutting down the posts and Chandra Kanta Debnath poured kerosene oil in the fencing and the roof of the shop. It was also mentioned in the FIR that the miscreants left the scene of occurrence at about 6.30 A.M. Shri N. K. Barman who was in-charge of the Kamalpur Police Station on that day, registered an offence u/s 147/148/436/380 of Indian Penal Code and started investigation of the case. After investigation the said Police Officer submitted a charge-sheet u/s 395/397 IPC against accused Nos. (1) Chandra Kanta Debnath, (2) Sishu Ranjan Paul, (3) Suresh Chandra Bhowmik, (4) Ranjit Debnath (5) Harimohan Debnath, (6) Pyari Mohan Deb Barma (7) Prahlad Debnath, (8) Sukumar Dey, (9) Harendra Debnath (10) Shyam Charan Debnath, (11) Lal Mohan Debnath, (12) Patindra Deb Barma (13) Rakhal Chandra Sil, (14) Rasendra Sangma (15) Jogesh Debnath and (16) Sunil Deb. The police also submitted a charge-sheet u/s 412, IPC against the accused Chitta Ranjan Debnath alias Chitta Bhowmik, Chandra Kanta Debnath, Sishu Ranjan Paul and Suresh Chandra Bhowmik.

(3.) After recording the evidence of witnesses the Committing Magistrate committed the 16 accused persons for trial to the Court of Session u/s 395 and also committed accused Chandra Kanta Debnath u/s 436, IPC.