MEGHNATH @ MEGHU KANDA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D.P. Ghosh, learned counsel appearing for the appellant No.1 namely Sri Meghnath @ Meghu Kanda and also for the appellant No.2 namely Sri Rajendra @ Kutu Mahapatra as the Amicus Curiae as engaged by this court. Also heard Mr. R.C. Debnath, learned Special Public Prosecutor representing the State.

(2.) From the records as well as the submissions of the learned counsel for the appellants, the prosecution case in brief, as surfaced is that, on 26.08.1995 at about 1415 hours, one Laxmi Dey appeared at Kalyanpur police station and lodged an ejahar alleging that in the previous night at about 1.00 am while the informant was sleeping in her hut with her minor son Sibu Dey and younger brother Sri Tanoy Bhowmik and her daughter Smti Suchitra Dey, she heard sound of beating of the windows of her hut from outside and some persons were calling them for opening the door. When she opened the door, 3/4 armed persons entered into the room and tied herself, her brother and her minor son and forcibly kidnapped her daughter Smti Suchitra Dey at dead hour of night. She also stated in the ejahar that one Pratima Goala, D/o Sri Abhiram Goala was also kidnapped by those miscreants in the same transaction of events. On the basis of that written ejahar, Kamalpur P.S. Case No.39/2005 under Sections 457/366 read with Section 34 of IPC and Section 27 of the Arms Act. Since a cognizable offence was disclosed, the Officer In-charge of Kamalpur police station, endorsed the case to S.I. Sri N. Mog Choudhury for investigation.

(3.) On completion of investigation, charge sheet was filed against the accused Sri Meghnath @ Meghu Kanda and Sri Rajendra @ Kutu Mahapatra (the present appellants), Sri Babul Kanda and another Sri Padma Kr. Debbarma under Sections 457/366 read with Section 34 of IPC and Section 27 of Arms Act.