(1.) In Sessions Case No. 63 (NT/D) of 2003 Appellant alongwith 4 (four) others namely Jipal Tripura, Benijoy Reang, Subodh Debbarma and Uttam Debbarma was tried by the Additional Sessions Judge, North Tripura, Dharmanagar under the charges under Section 364-A/34, 364/ 34 and 302/34, I.P.C. After due trial, the trial Court recorded a finding of guilt under Section 364 and 302, I.P.C. against the Appellant-Sri Danti Ram Reang and sentenced him for life imprisonment holding that the victim Kunja Mohan Sahaji had been kidnapped for committing murder and murdered subsequently. In other words no separate punishment was awarded to the Appellant under Section 364, I.P.C. The trial Court, however, refused to record guilt of the co-accused tried together in any of the offences charged as indicated above and accordingly they were all acquitted and set at liberty. It has been indicated that the trial Court was constrained to record acquittal for want of evidence.
(2.) Being punished thus, the Appellant filed this appeal challenging its legality and correctness.
(3.) The brief facts involved in this appeal can be recorded as under: