RAJESH SAHA ALIAS MITHUN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard the learned counsel for both sides.

(2.) This appeal is directed against the Judgment and Order dated 27.07.2000 passed by the Additional Sessions Judge. West Tripura, Agartala in Sessions Trial Case No. 124 (W.T/A) 99.

(3.) The three accused appellants before us and approver Bijit @ Mon Bank are young people residing at Agartala and at some point of time, they decided to earn some money for themselves - may be easy money, by kidnapping or abducting some one and thereafter collecting ransom for the same. Few names were considered and rejected and thereafter, they decided to abduct Santanu Chakraborty for the above purpose. Santanu had just completed his Class-XII examination and he was a friend of accused Rajesh Saha. On the evening of 24.04.99, Rajesh Saha came to the house of Santanu and talked and made agreeable him to go to Bishalgarh, on the same evening. Accordingly Santanu went out with Rajesh Saha in the latter's scooter after informing the family members that he will be returning around 9 RM. The family members awaited for some time but thereafter they had their meal, presuming that Santanu might have stayed back in the house of his friend. As Santanu did not turn up on the next day morning also, a missing entry was given at Battala Police Out Post. Thereafter, Santanu's father Dulal Chandra Chakraborty (PW 1) received a telephonic: call in the house of neighbour Swadesh Ranjan Sharma (PW 23) and the caller told him that his son had been kidnapped and a ransom of Rs. 5 Lakhs is required for releasing his son. After some time, another call was received stating that ransom will be Rs. 10 lakhs and in case, they inform police, they will kill Santanu. Out of fear, the family members did not inform police and awaited for further call. But as no phone call came, after discussion, the matter was informed to police around 8 P.M. Ext. P (1) is the said FIR. Thereafter, police picked up accused Rajesh Saha from his father-in-law's house and interrogated him and thereafter they picked up accused Titu Chakraborty. Both the accused were interrogated and the third accused Ramen Majumder was picked up from his house. The accused persons told police as to how they murdered Santanu and they also told police that they will be able to show the place where the dead body has been concealed. They also told police about involvement of another accused Mon Banik (PW 24). The family members of Santanu were informed and Rakhal Chakraborty (PW 5), Tapan Chakraborty (PW 19) and Swadesh Ranjan Sharma (PW 23) arrived at the Police Station. The accused persons informed police that the dead body has been kept concealed at Karmakar Tilla. Thereafter, police picked up PW 24 from the house. PW 24 also confessed his guilt and made a statement regarding concealment of the dead body. All the four persons were taken to Karmakar Tilla and thereafter the neighbouring witnesses were called and in their presence, the four persons led police to the place where Santanu was allegedly killed & burried. Thereafter, the four persons led police to the middle of the pond and a sketch map of the same (Ext. P-20, P- 21)were prepared. Accused persons got down into the pond and brought out the dead body after removing the mud as there was no water in the pond. The photographs were taken and thereafter inquest was held. The dead body was sent for Post Mortem examination.