AMOLOK SINGH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 6-9-2001 passed by the Sessions Judge, North tripura, Kailashahar in case No. S. T. 3 (NT/k) of 2000 wherein the appellant Amolok singh was convicted under Section 302, IPC and sentenced to suffer imprisonment for life and also to pay fine of Rs. 20,000/- (Rupees twenty thousand), in default, to suffer ri for two years. The learned Trial Court also passed order that the sentence will run concurrently.

(2.) WE have heard Mr. P. K. Biswas, learned counsel for the appellant and Mr. D. Sarkar, learned PP, Tripura assisted by mr. R. Debnath, learned counsel for the respondent.

(3.) THE prosecution case, in short, is that: from 21-4-1996 one platoon of C Coy, 93 Bn CRPF was deployed to guard the election materials kept in the Strong Room of the SDO Office, Kailashahar, in which the appellant Amolok Singh as well as SI, bahadur Singh were also members. On 30-4-1996 at about 2200 hrs to 2400 hrs Constable Rakesh Kumar (P. W. 1), Constable rajmani Saikia (P. W. 2) and Constable, ramjiban Ram were on guard duty of the aforesaid strong room, during check roll, conducted by one Sub Inspector, Bahadur singh, the Platoon Commander, found the accused appellant, Amolok Singh, absent in the Guard Room of the SDO Office, who was on guard duty from 2000 to 2200 hrs. After about ten minutes, when some other CRPF personnel were standing in the process of dispersing, the said Amolok Singh, appellant returned and the Sub Inspector bahadur Singh asked him why he was not present during the check roll. On hearing such query of said Bahadur Singh, the convict appellant, amolok Singh, became furious and aggressive and went inside his room and took his SLR bearing Butt No. 250, Body no. 0205 and opened fire to the Platoon commander, SI, Bahadur Singh. And as a result of the said fire, S. I. Bahadur Singh died on the spot. One bullet also hit one nandji Yadav, Havildar, on his head, who was on patrolling duty in front of the strong room complex and he also died. Thereafter, the platoon personnel disarmed the said amolok Singh, appellant. The said incident was informed to the Officer-in-Charge, kailashahar, P. S. at about 11 p. m. of that night.