PHERBHUNGRAI REANG @ KAPHIRAI @ KABLA, S/O LATE NIRANJAN REANG; GALPA RAM REANG, S/O LATE SASANHA REANG OF LATAHAMPARA(SALKANTA) Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal under Section 374 of CrPC is directed against judgment and order of conviction and sentence dated 07.08.2009 passed by learned Sessions Judge, South Tripura, Udaipur, in Sessions Trial case No. S.T.19(ST/A)/2009. Learned Sessions Judge found the accused appellants guilty of committing offence punishable under Section 307 read with Section 34 of IPC and sentenced them to suffer RI for seven years and to pay a fine of Rs.1,000/-, in default of payment of fine to suffer SI for two months and again for commission of offence punishable under Section 353 read with Section 34 of IPC he sentenced them to suffer RI for one year and to pay a fine of Rs.500/-, in default of payment of fine to suffer SI for one month. Further for commission of offence punishable under Section 27 of Arms Act, he sentenced the accused appellants to suffer RI for three years and to pay a fine of Rs.500/-, in default of payment of fine to suffer SI for one month and for commission of offence punishable under Section 25(1B)(a) of the Arms Act and under Section 148 of IPC, he further sentenced the accused appellants to suffer RI for one year. All the sentences were directed to run concurrently.

(2.) Heard learned legal aid counsel, Mr. Ratan Dutta for the appellants and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) Prosecution case is that, secret information was received by Taidu PS that a group of extremists armed with sophisticated fire arms was moving at Dhanrai Para area and based on that information the informant Biswajit Debbarma, SI of Police of Taidu PS along with other police officers and staff arrived at Dhanrai Para, on 07.11.2006 at about 2205 hrs. They laid an ambush inside the jungle at 3-points at Dhanrai Para at about 0300 hrs. At about 0630 hrs. a group of NLFT extremists came towards the police ambush point and the extremists opened fire towards the police party and police also opened fire to save their lives and government property and the encounter took place for about an hour. Police party has fired 515 rounds and also thrown two grenades. Thereafter, the extremists fled away inside the deep forest. Police made a search in the area and recovered the dead body of one extremist with army colour dress and also recovered two numbers of A.K. series ammunition with other incriminating materials left by the extremists.