PADMARAI JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal by the accused is directed against the judgment, dated 24.07.2003, passed by the learned Additional Sessions Judge, South Tripura, Udaipur in case No.ST 170(ST/U) of 2001 whereby the learned trial Court convicted the appellant Padmarai Jamatia of having committed offences punishable under Sections 302 and 364 of IPC. He has been sentenced to undergo Rigorous Imprisonment (RI) for life and to pay a fine of Rs.5,000/ - for the offence punishable under Section 302 of I.P.C and in default thereto to suffer RI for 1 (one) year. As far as the offence under Section 364 of I. P.C is concerned the accused was sentenced to undergo RI for 5(five) years and to pay a fine of Rs.1 ,000/ - and in default of payment of fine to suffer further RI for 3 (three) months. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story briefly stated is that the deceased Swapan Debnath was given a contract by PW.1, Nepal Ch. Das, who was working as Panchayat Supervisor of the Matabari Block for construction of water storage tank at village Adipur in Gour Prasad Para. According to the prosecution case, as set out in the FIR and in the statement of PW.1, Swapan Debnath had two assistants namely Adhindayal Debbarma and Ketan Noatia. Further, according to PW.1, who also lodged the FIR in the case, on 06.08.2000 Adhindayal Debbarma and Ketan Noatia the aforesaid assistants of Swapan Debnath informed this witness that when they were returning to Garji from Tainani on foot three tribal youths had abducted Swapan Debnath. On the basis of the ejahar Ext.1 the FIR was lodged.

(3.) WE have heard Mr. Ratan Datta, learned counsel for the appellant and Mr. R C Debnath, learned Additional Public Prosecutor for the State.