MEDDA TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellants, named above, were found guilty of the charge framed against them under Section 436 of IPC by judgment, dated 19.08.2004, passed by learned Addl. Sessions Judge, Belonia, South Tripura, in case No. S.T.5(ST/B)2004, and they were sentenced to suffer RI for five years and to pay a fine of Rs.20,000/-(rupees twenty thousand) each, in default of payment of fine, to suffer further SI for two years. Learned Addl.

(2.) Heard learned counsel, Mr. Pranabasish Majumder for the appellants and learned P.P., Mr. D. Sarkar for the State respondent.

(3.) Prosecution case is that, a goat belonged to Rejanta Tripura(PW4) was found missing on 25.03.2003, a Tuesday. The people of the locality went on a search to find out the missing goat and found bloodstains in the surroundings of the house of Medda Tripura of Nabarambari Colony. The neighbourers of Rejanta Tripura of Subadhan Para, namely, Daitya Tripura, Alo Ch. Tripura, Kesanti Tripura, Kishore Tripura, etc., got suspicious about the involvement of Medda Tripura and a meeting was called, where the accused-appellants, Medda Tripura, Labrai Mog and Kongja Mog, were present in the courtyard of Alo Ch. Tripura at Subadhan Para, on 26.03.2003, in the evening. Medda and his companions denied the allegation of theft of the goat and they went away after giving a threat to the residents of Subadhan Para with dire consequence. The residents of Subadhan Para got frightened on the threat given by the accused persons and were guarding their locality. At midnight, the intervening night of 26.03.2003 and 27.03.2003, Medda Tripura, Labrai Mog and Kongja Mog and a few other persons torched the houses of Kishore Tripura(PW1), Daitya Tripura(PW2), Alo Ch. Tripura(PW5) and Kesanti Tripura(PW8) and set the houses to fire and, as a result all the houses, including all household articles, were burnt to ashes. The residents of Subadhan Para could identify the accusedappellants, Medda Tripura, Labrai Mog and Kongja Mog in the moonlight and when witness, Raimohan Tripura(PW3), tried to resist the accused persons, he was beaten up by Labrai Mog and, out of fear he took shelter in the jungle.