STATE OF TRIPURA Vs. RAJIB DAS

JUDGEMENT

(1.) HEARD Mr. A. Ghosh, learned Addl. Public Prosecutor for the state and Mr. A. Pal, learned counsel appearing for the respondents.

(2.) THIS is an appeal under Section 378 of the Criminal Procedure Code (Cr.P.C.) by the state against the order dated 22.12.2007 as passed by the Assistant Sessions Judge, South Tripura, Udaipur in S.T. No.70(ST/A)/2006 under Section 232 of Cr.P.C., acquitting the respondents from the charge.

(3.) A complaint was filed by the Sub -Divisional Magistrate, Amarpur, South Tripura, namely Aninda Kumar Bhattacharjee (PW.25) alleging that on 25.04.2006 at about 10.20 pm night, a group of 20/30 miscreants being armed with "lathi like weapon" trespassed into his official residence in a body by way of breaking open the iron -gate and ransacked the household properties belonging to him and to the Govt. of Tripura with a view to kill him and his family members residing with him. It has been further disclosed that somehow he managed to take shelter in a closed room in the rear part of the said quarters and saved themselves for the time -being till arrival of the security personnel. The miscreants took away his Digital Set -Top Box, CD -1025 and also damaged the T.V. He strongly suspected few persons whose names figured in the FIR. In the FIR, the names of Rajesh Bhowmik, Rajesh Nandi, Uttam Dey, Bishnu Datta and Sanjoy (Samu) Saha (Roy) have figured as the suspects involved in the occurrence.