UTTAM DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. Dhiraj Guha, learned counsel appearing on behalf of the accused-appellant. Also heard Mr. R. C. Debnath, learned P. P. in-charge for the State respondent.

(2.) A criminal case set in motion with the lodging of an Ejahar by informant, PW-4, wherein it was stated that while his son kamal Roy Barman, aged 21 years, along with Nepal Das visited the house of Badal debbarma at Hariakubra between 8. 15 p. m. and 8. 30 p. m. , two tribal youths came to the room of Badal Debbarrna and forcibly kidnaped Kamal Roy Barman. Aforesaid nepal Das came to the bazaar where Badal debbarma and Kamal Roy Barman are running a shop and informed the informant's wife that extremists had kidnapped Kamal roy Barman for ransom. The informant reported the matter orally and the same was recorded by S. I. of Police Benu Lal Kar (P. W. 6) at Takarjala market on 25-8-99 at 10. 05 p. m. On the basis of said Ejahar a crime being Takarjala P. S. Case No. 44/99 was registered under Section 448/364a, I. P. C. On being endorsed, S. I. Sri Samiram chakroborty (P. W. 7), investigated the case.

(3.) DURING investigation, I. O. P. W. 7 visited the place of occurrence, prepared hand sketch map of the place of occurrence with separate index, examined available witnesses and recorded their statements under Section 161, Cr. P. C. One accused, namely Sona Charan Debbarma was arrested and forwarded to the Court. No other co-accused could be arrested. The accused sona Charan Debbarma was taken to police custody and he was thoroughly interrogated by police. During investigation it transpired that accused Sona Charan debbarma, Uttam Debbarma (present appellant), Badal Debbarma and Samprai debbarma were among the extremists who kidnapped the informant's son Kamal Roy barman from the house of Badal Debbarma of Hariakubra. On completion of investigation, the I. O. laid charge sheet against accused Sona Charan Debbarma, Uttar debbarma, Badal Debbarma and Samprai debbarma under Section 448/36a, I. P. C. showing the later three accused persons as absconder. The learned C. J. M. , West tripura, Agartala took cognizance of the offence under Section 448/364a of the I. P. C. and thereafter transferred the matter to the court of learned Judicial Magistrate, First class, Agartala presided over by Mr. G. C. Kar. The case being exclusively tried by the court of Session, it was committed to the court of Session Judge, West Tripura, agartala, for trial in accordance with law.