MILONJOY REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) -This appeal is directed against the Judgment and order dated 3.6.2000 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Sessions Trial No. 48 (ST/B) of 1999 whereby the accused/appellant has been convicted for commission of the offence under sections 364/302/201 of the Indian Penal Code and section 27 of the Arms Act. He has been sentenced to undergo R.I. for life and to pay a fine of Rs. 10,000 in default to suffer S.I. for three years under section 364 ; Penal Code to undergo R.I. for life and to pay a fine of Rs. 10,000 in default to suffer S.I. for three years under section 302 ; IPC, to suffer R.I. for seven years for commission of offence under section 201, Penal Code and R.I. for three years for commission of offence under section 27 of the Arms Act. The sentences of life imprisonment awarded under sections 364 and 302, Penal Code against the accused/appellant has been directed to run consecutively whereas the other sentences are to run concurrently.

(2.) The case of the prosecution, in short, is that on 10.3.1999 at about 0845 hours, S.I. Sajal Sharma (P.W. 12) of Manpathar Police Outpost received information from one Upendra Debnath that one Parendra Reang was abducted by armed extremists from his house at Gangarai. The information received was entered in the General Diary of the Police Station as Entry No. 204 dated 10.3.1999. PW 12, Sajal Sharma, along with a police force left for Gangarai to carry out a search to recover the abducted person. However, the police party could not trace out the abducted person or the extremists who had carried out the abduction and thereafter returned to the house of Parendra Reang. In the house of the abducted person one Chitta Reang (PW 11) lodged a FIR to the effect that on 10.3.1999 at about 8.00 A.M., while he was erecting a fencing in the house of Parendra Reang, four extremists came from the northern direction, entered the house of Parendra Reang and started to beat him with a lathi after tying his hands with a rope. Thereafter, Parendra Reang was taken towards Larihapara. In the FIR lodged it was further mentioned that at the time of abduction the extremists had fired one round from a pistol in their possession. The first informant, in the FIR lodged, had stated that he knew two of the extremists-one was Nirendra Reang and the other was Pashuram Reang. The further case of the prosecution is that after receipt of the FIR, PW 12 recovered an empty cartridge of 9 m.m. pistol from the court-yard of the house of Parendra Reang. The same was seized. According to the prosecution, though several attempts were made to recover the abducted person he could not be traced out, neither could the extremists who had carried out the abduction be arrested. According to the prosecution, at about 2315 hours of 3.4.99, PW 12, Sajal Sharma received a wireless message from the Officer-in-charge, Santirbazar Police Station to attend the said Police Station in the following morning. Accordingly, on 4.4.1999 PW 12 went to Santirbazar P.S. and there he learnt from S.I. Ratan Mazumdar, Officer-in-charge of the Police Station (PW 8) that on 31.3.1999 one extremist by the name of Milanjoy Reang was arrested in an encounter. In the course of interrogation, the said extremist had made a statement that he along with accused Pashuram Reang, Niren Reang and Baburam Reang had abducted one Parendra Reang and after having beaten Parendra to death had buried his dead body somewhere deep into the jungle at Tuithangbari and that the accused can show/identify the spot where the dead body was buried. PW 8 had recorded the aforesaid statement of the accused Milanjoy Reang which was handed over to PW 12. PW 12 also interrogated the accused Milanjoy Reang and took him into custody. In the course of such interrogation the accused had made the same statement to PW 12. Thereafter, both PW 8 and PW 12 had requisitioned the services of an Executive Magistrate and a Medical Officer to remain at the spot in the event of discovery of the dead body besides arranging for a photographer and a sweeper. According to the prosecution, PW 12 had also sent information to Sajati (PW4)-wife of Parendra Reang to attend the Police Station in the morning of 5.4.1999. Thereafter, in the morning of 5.4.1999 the police party accompanied by an Executive Magistrate, doctor, photographer, sweeper and PW 4 and others had left the Police Station along with the accused Milanjoy. The police party along with other persons went upto Adipur in vehicles where after they walked on foot and reached village Tuithangbari. Thereafter, the accused Milanjoy led the party to an interior forest and pointed to a spot where the dead body of Parendra was stated to have been burried. According to the prosecution, the accused Milanjoy along with others dug up the earth and thereafter the dead body of Parendra Reang was recovered which was at once identified by PW 4 who also identified the wearing apparels which the deceased had on his body at that time. Inquest report was prepared by the Executive Magistrate and post-mortem was also performed on the spot. The process leading to discovery of the dead body of the deceased was photographed. Thereafter, the dead body was handed over to PW 4 for cremation. According to the prosecution, both at Santirbazar Police Station and on the way to Tuithangbari the accused Milanjoy had made an extra-judicial confession to PW 4 that he along with the other accuseds had abducted Parendra Reang and thereafter had beaten him to death and they had burried the dead body at the place from where it was recovered.

(3.) On completion of investigation PW 12 submitted charge-sheet against all the four accused persons for commission of offences under sections 365/302/201, Penal Code and section 27 of the Arms Act. It must be noticed that at the stage of submission of the charge-sheet only one accused, i.e., accused/appellant Milanjoy Reang, was under arrest in connection with the offence and subsequently accused Pashuram Reang was arrested whereas the other two accused persons were absconding. After submission of the charge-sheet by the police in the court of the learned S.D.J.M., Belonia, the case being exclusively triable by the Court of Sessions, the learned S.D.J.M., Belonia committed the case to the court of learned Additional Sessions Judge, Belonia. Before the learned trial court charge was framed against all the accused persons including the present accused/appellant under sections 364/302/201, Penal Code and under section 27 of the Arms Act. The accused/appellant having pleaded not guilty and having claimed to be tried the trial commenced. In course of the trial the prosecution examined as many as 12 witnesses and exhibited a large number documents including the material objects seized in the course of the investigation. The defence did not adduce any evidence. However, the accused/appellant was examined under section 313, Cr.PC where he denied the offence alleged. At the conclusion of the trial the accused/appellant has been convicted and sentenced as aforesaid. Hence, the present appeal.