RUNU URANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the convict is directed against the judgment dated 23.09.2003 delivered by the learned Sessions Judge, North Tripura, Kailashahar in ST 43 (NT/K) of 2003 whereby he convicted the appellant of having committed an offence punishable under Section 364-A of the Indian Penal Code (for short I.P.C.) and sentenced him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo further Rigorous Imprisonment for 6(six) months. Briefly stated the prosecution case is that on 17.10.2001 at about 04-30 am, two persons including the appellant Runu Urang came to the house of one Rabindra Debbarma, S/O. Late Barindra Debbarma. They were armed with gun and were wearing some uniform. Rabindra Debbarma was told that since he had not paid subscription, he had to accompany them. He was taken away at gun point from his house. The first information regarding this incident was given by an unidentified person, who claimed to be the manager of the tea estate in question, but he refused to disclose his identity nor gave any details of the incident to the police except to state that Rabindra Debbarma had been kidnapped from the tea estate by some unidentified extremists.

(2.) A more detailed written complaint was made by P.W.9, Smt. Malani Debbarma, daughter of the kidnapped person and this is Exbt.-3. In this complaint she stated that the appellant Runu Urang along with one other person had come to the Khatoon tea estate and forcibly kidnapped her father at gun point. She later on saw that there were 7/8 other unidentified extremists also along with these two persons. She later learnt from other villagers that one Brajendra Debbarma had also been kidnapped by the same groups of extremists from his house at Samrurchhera. This complaint was purportedly received in the police station at 0730 hours on 17.10.2001 and thereafter the police started investigation in the matter and formal FIR was lodged on the same day at 11-30 am.

(3.) Another admitted fact is that Brajendra Debbarma somehow managed to escape from the clutches of the extremists and returned to his home at about 2 pm on the same day. The police carried out the investigation and after investigation charge-sheet was filed in the Court and the accused Runu Urang, who was the only identified extremist, was charged with having committed an offence punishable under Section 364-A of the IPC. He has been found guilty and sentenced as aforesaid. Hence, this appeal by the accused appellant.