BINOY CHAKMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) I have heard Mr. Nepal Majumder, learned counsel for the convict appellant Shri Binoy Chakma and Mr. D. Sarkar, learned Public Prosecutor assisted by Mr. R. C. Debnath, learned counsel for the State respondent.

(2.) THIS Criminal appeal has arisen from the judgment dated 03. 09. 2004 of the learned Additional Sessions Judge, Kamalpur, North Tripura in Session Trial 3 (NT/kmp) 04 whereby the appellant herein has been convicted under Section 436 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 7 years. The prosecution version in brief is that on 07. 04. 2001 at about 4 p. m. a group of miscreants under the leadership of one Benoy Jamatia (absconder) and Binoy Chakma (the appellant herein) raided the village Kamala Ashram and tried to assault the villagers who fled away in fear. The miscreants then set on fire, the huts of the villagers causing damages to the tune Rs. 20,000/ -. On 13. 04. 2001, after about six days, one Kirti Bhusan Chakma (P. W. 1) came to Raishyabari Police Station and lodged the first information report about the said occurrence whereupon Raishyabari P. S. Case No. 2/2001 under Section 436/34 of the Indian Penal Code (for short I. P. C.) was registered.

(3.) DURING the course of the investigation the villagers of Kamala Ashram whose houses were burnt by the miscreants were examined. Though Binoy Chakma could be taken into custody, Binoy Jamatia managed to abscond. Other miscreants could not be identified and brought to book. The proceeding against Binoy Jamatia was adjourned sine die and upon taken cognizance on the chargesheet submitted by the investigator, the learned trial Court, proceeded to hold a full dressed trial. The only charge against the convict appellant herein was framed by the learned Additional Sessions Judge under Section 436 I. P. C. to which he pleaded not guilty.