PUSPA JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 08.01.2003 and order of sentence, dated 09.01.2003, passed by the learned Sessions Judge, South Tripura, Udaipur, in Sessions Trial Case No. 29(ST/U)2002, whereby and whereunder, the learned Sessions Judge convicted the Appellant under Sections 364, 302 and 201 of the Indian Penal Code (for short 'Indian Penal Code, 1860') and sentenced him to undergo rigorous imprisonment for ten years and pay fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for six months for the offence committed under Section 364 Indian Penal Code, 1860. The learned Sessions Judge also sentenced the Appellant to undergo rigorous imprisonment for seven years and pay fine of Rs. 2,000/-, in default to undergo further imprisonment for three months for the offence committed by him under Section 201 Indian Penal Code, 1860 and finally sentenced the Appellant to life imprisonment and pay fine of Rs. 5,000/-, in default suffer further imprisonment for six months, for commission of offence under Section 302 Indian Penal Code, 1860. It has been directed that, all the sentences shall run concurrently.

(2.) Heard Mr. S. Datta, learned Counsel, appearing for the Appellant. We have also heard Mr. D. Sarkar, learned Public Prosecutor, assisted by Mr. A. Ghosh, learned Addl. Public Prosecutor and Mr. R.C. Debnath, learned Special Public Prosecutor, appearing for the State-Respondent.

(3.) The prosecution case, in brief, is that, when the accused Appellant Sri Puspa Jamatia was in custody in connection with R.K. Pur P.S. Case No. 163/1999, he was thoroughly interrogated by the police in connection with different extremists related incident and during such interrogation, it has been revealed that the accused-Appellant, along with three other persons, namely (1) Sri Mani Chand Jamatia, (2) Sri Lalu Karta Jamatia and (3) Sri Sadhan Jamatia, kidnapped two persons namely (1) Anwara Bibi and (2) Bhupal Das @ Bhulu, on 23.08.1999, at about 10 am, at Sungrungbari area i.e. the village of accused-Appellant, where the kidnapped persons went to purchase goat. It is the further case of the prosecution that, the aforesaid accused persons also kidnapped another person, namely Dilip Paul of Chaygharia, on 22.08.1999 at about 9.30 am when he was returning his house. At the time of his interrogation, the accused-Appellant also confessed that they killed the aforesaid three kidnapped persons and buried them in Sungrungbari jungle and he would be able to show the place where the said dead bodies were buried. Accordingly, PW.11 Sri Nirmal Ch. Dey, the Officer In-charge of Maharani Out Post, arranged recover of the dead bodies of the kidnapped persons after observing the legal formalities to disinter the dead bodies of aforesaid kidnapped persons from the Sungrungbari jungle. The accused-Appellant Puspa Jamatia led the police team to the place where the dead bodies were buried and had also shown those places. Thereafter, PW.11 Sri N.C. Dey, the Officer In-charge of Maharani Out Post, suo moto lodged the complaint with the O/C R.K. Pur police station for registering a specific case against the present Appellant and three others under Sections 364A/384/302/201 Indian Penal Code, 1860. On the basis of the said suo moto complaint lodged by the PW.11, a police case was registered as R.K. Pur P.S. Case No. 35/2002, under Sections 364A/384/302/201 Indian Penal Code, 1860 against the accused-Appellant and three others and as endorsed by the Officer In-charge of R.K. Pur P.S, the Sub-Inspector, Sri N.C. Dey, who lodged the suo moto complaint, on the basis of which the police case was registered, has taken over the investigation.