STATE OF TRIPURA Vs. KRISHNA KANTA JAMATIA, S/O NAMAJAGYA JAMATIA; MULUK CHAND DEBBARMA, S/O PANDIT DEBBARMA,; BINOY DEBBARMA, S/O PUNIRAM DEBBARMA; SANJIT JAMATIA, S/O RAMANI MOHAN JAMATIA

JUDGEMENT

(1.) By means of this appeal, the State of Tripura has challenged the judgment dated 07.07.2007 passed by the learned Additional Sessions Judge, South Tripura, Udaipur, whereby the learned Additional Sessions Judge has acquitted the respondents Krishna Kanta Jamatia, Muluk Chand Debbarma, Binay Debbarma and Sanjit Jamatia of the offences, they were charged with.

(2.) The prosecution story briefly is that Muluk Chand Debbarma and Krishna Kanta Jamatia were Ministers/Executive members of the Tripura Tribal Areas Autonomous District Council (in short TTAADC). Binay Debbarma was the Personal Assistant of Krishna Kanta Jamatia and Sanjit Jamatia was a student. The prosecution case, as reflected from the FIR is that Krishna Kanta Jamatia and Muluk Chand Debbarma along with the other accused had sent a large number of tribal youth to Bangladesh for training as extremists to wage war against India. It is alleged that these youth i.e. about 59 boys and 4 girls, were sent to Khagracherra camp in Bangladesh run by the N.L.F.T. in two batches on 24.08.2001/ 25.08.2001 and 31.08.2001 from Karbook and Khowai area.

(3.) The team which entered Bangladesh via Karbook consisted of 43 members. The prosecution story is that when these 43 youth were taken to Bangladesh via Karbook, accused Krishna Mohan Jamatia, MDC of TTAADC had excorted these youth to the border. It is also alleged that Binay Debbarma, a member of MDC had also given shelter to these youth at Khumlwung before they went for training to Bangladesh. The case of the prosecution is that Sanjit Jamatia was one of the trainees who took training in Bangladesh.