JUNIA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant Junia Debbarma has been convicted under Sections 365/326/302 read with Section 149 of the IPC and sentenced him to suffer rigorous imprisonment for three years for the offence under Section 365, IPC and five years for the offence committed under Section 326 read with Section 149, IPC and also to suffer life imprisonment and to pay a fine of Rs. 5,000/-, i.d. to payment of fine, to undergo further simple imprisonment for six months for the offence under Section 302 read with Section 149, IPC and all the sentences for the aforesaid offences were to run concurrently, and thus, this appeal aims at setting aside the conviction and sentence, as stated aforesaid, passed by the learned Addl. Sessions Judge, Khowai, West Tripura vide his judgment and order dated 24-9-2005 in S. T. 61 (WT/K) of 2002.

(2.) Heard Mr. R. Datta, learned counsel appearing for the appellant and Mr. R. C. Debnath, learned Addl. PP appearing for the State respondent.

(3.) The prosecution version, as unfolded in the case is that on 15-9-1994 one Surendra Debbarma (PW-3) of Bahadur Chandra Para, Kakracherra under Teliamura P. S. lodged a written FIR with the Officer-in-Charge of Teliamura P. S. stating, inter alia, that having received an information that extremists had raided /attacked the village Keshab Chandra Para he rushed to the said village and found PVV-5 Subodh Debbarma severely injured with bullet injury on his person and the villagers had started crying encircling him. PW-3 also stated in the FIR that he came to learn from the members of the family of the injured Subodh Debbarma, PW-5, that in the evening a group of extremists came to their house and kidnapped PW-5, Subodh Debbarma as well as Dhan Chandra Debbarma, S/o Sri Kalanjoy Debbarma, PW-4, for the purpose of showing them the way towards Haldia and after some time the villagers on hearing the sound of gun tiring went towards Haldia and found Subodh Debbarma, PW-5, on the road, severely injured with bullet injuries on his person and the extemists took away Dhan Chandra Debbarma. The villagers carried PW-5, Subodh Debbarma to Teliamura Rural Hospital for treatment where from he was referred to GB Hospital, Agartala.