MD RUHID MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the accused Ruhid Miah is directed against the judgment, dated 27.11.2010, passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar in Sessions Trial No.S.T(NT/D)2007 whereby the accused has been convicted for having committed offences punishable under Section 120-B of I.P.C., Section 307 r/w Section 34 of I.P.C and Section 396 of I.P.C. He has been sentenced to undergo Rigorous Imprisonment(RI) for 10 years in respect of offence punishable under Section 120-B of I.P.C; he has been further sentenced to undergo RI for 7 years and to pay a fine of Rs.30,000/- and in default of payment of fine to undergo further R.I for 2 years in respect of offence punishable under Section 307 of I.P.C and the convict-appellant has also been sentenced to suffer imprisonment for life in respect of offence punishable under Section 396 of I.P.C and it has been further ordered that imprisonment for life shall mean the rest of the life.

(2.) The prosecution story in brief is that the appellant- Ruhid Miah was in-charge of Shermun tilla, Tripura State Rifle (TSR) camp. According to the prosecution, Ruhid Miah entered into a conspiracy with other accused persons and some unknown-extremists. Pursuant to this conspiracy he brought in 5 unknown civilians inside the camp on 19.09.2003. Thereafter, on 22.09.2003 one of the civilians slept in the camp. Next morning Ruhid Miah asked the second-in-command Nayak, Satya Nanda Noatia to take 9 other personnel with him to collect firewood. The accused allegedly also told these persons not to take their fire arms to the forest. It is further alleged that the accused Ruhid Miah asked the sentry on duty, Rifleman Kamal Debnath, to purchase a soap and to leave his arms at the post. According to the prosecution, thus only two Wireless Operators, Shyamal Ghosh and Prantosh Roy and one Cook Rajendra Debbarma were left in the camp. The prosecution version is that Ruhid Miah asked most of the armed personnel to go away and in the meantime, the terrorists entered the camp in connivance with Ruhid Miah. They shot and killed the two Wireless Operators, looted weapons from the armoury and thereafter while going out they fired upon the TSR personnel who had gone to collect fire-wood but had turned back on hearing the sound of gun fire. According to the prosecution, Ruhid Miah along with the 5/6 other extremists fired at the returning TSR personnel and as a result one of them, Badal Dhar, suffered gunshot injuries and died at the spot.

(3.) According to the prosecution, the police came to know about this incident from some local villagers and rushed to the spot. The police official reached the spot at about 10.00 a.m and thereafter PW.1 Satya Nanda Noatia lodged a formal FIR at Sarmoon tilla camp itself with the first Investigating Officer(I.O), S.I., Zonunnawia Darlong, who investigated the matter. Inquest on the bodies was conducted and the bodies were sent for Post Mortem to the Public Health Centre. Other investigation was carried out and the statements of the witnesses were recorded. However, Ruhid Miah was not traced out and could be arrested only 14 months later and thereafter the trial proceeded. It would also be pertinent to mention that w.e.f. 25.09.2003 the investigation was taken over by PW.43, Kamalendu Bhowmik.