PARAKINKAR CHAKMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) PARAKINKAR Chakma appellant has been convicted by the learned Sessions Judge, Tripura Under Section 325 read with Section 149. IPC and Under Section 365, IPC and has been sentenced to a period of 2 years' R. I. under each count and both these sentences have been ordered to run concurrently. The appellant was further charged Under Section 395, IPC but he has been acquitted of the offence under that section 22 other accused had stood their trial along with appellant before the learned Sessions Judge in Sessions Trial No. 4 of 1954 but all of them were acquitted by the learned Sessions Judge on 26 -7 -1954. A number of other persons were also implicated in connection with the offences in question before the police but some of them were discharged by the police and as against other final report was ultimately submitted.

(2.) THE facts of the case as alleged by the prosecution are that Rajani Mohan Bidyaratna P.W. 1 came to India after partition in the first part of the 1948 and he migrated from Pakistan. He first came to Dharmanagar where he founded co -operative society named Swasti Samity, Rajani Mohan Bidyaratna worked as the chairman of the society which had its branch office at Kanchanpur, Knmala Chandra Nath P.W. 13 is the vice -chairman of the society while Digendra Mohan Nath P.W. 10 is the secretary. According to the prosecution the society got one thousand drones of jungly and uncultivated land in Tripura in 1948 and this land is situated in Kailashahar. The society began to cultivate the land in 1949 but Chakmas and Reangs had Zum cultivation occasionally in that area and only hill people lived there.

(3.) IN the meantime Kamala Nath P.W. 13 had sent a report on 12 -2 -1952 vide Exs. P -l to P -4 that Rajani Mohan Bidyaratna, Nandalal Nath and Dayananda Baidya were missing and Rajani had Rs. 10,000/ - with him and so investigation was started,