DAYALJOY TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Appellants Dayaljoy Tripura and Bagirai Reang were tried by the learned Additional Sessions Judge, Kamalpur, North Tripura along with three other accused, namely, Buddhijoy Tripura, Barnajoy Reang and Garamjoy Reang under Sections 148, 302 read with Section 149 IPC and under Sections 25 (1) (a)/27 (3) of the Arms Act. Learned Additional Sessions Judge, Kamalpur, North Tripura at the conclusion of the trial convicted both the appellants Dayaljoy Tripura and Bagirai Reang under Sections 148, 302 read with Section 149 of the IPC and under Section 27 (1) of the Arms Act and sentenced both the appellants for life under Section 302 IPC with fine of Rs. 2000/- each, in default of payment of fine both the appellants to suffer simple imprisonment for one year. Appellants were also convicted and sentenced to suffer three years of imprisonment under Section 27 (1) of the Arms Act. It has been ordered that both the sentences will run concurrently and period of detention in custody during trial shall be set off from the period of sentence.

(2.) Dissatisfied with the impugned Judgment and Order of conviction and sentence, both the appellants have filed this present appeal challenging its legality and correctness.

(3.) Before entering into the merit of the present appeal, it would perhaps be appropriate for this Court to project the case of the prosecution in a nutshell for better appreciation and understanding. Deceased, Ananda Mohan Roaja, was a sitting MLA of Gandacherra constituency and Chairman of the Block Advisory Committee, Damburnagar as well. The occurrence took place on the 18th Day of October 1998 at about 20.30 hrs. At the relevant time of the fateful night, the deceased along with his wife Smti. Daya Rani Roaja (PW-1) were enjoying Radio sitting in their bedroom after dinner and at that time a boy from outside called the deceased in "kakbarak" language and requested him to open the door. Deceased asked the boy from inside to come on the following morning but the boy insisted that he had some urgent business with him. As soon as the deceased opened the door, all on a sudden, a group of persons numbering 10/12 being armed with fire arms caught hold of the deceased and forcibly dragged him towards the gate and gunned him down there at. The wife (PW-1) cried for help. Neighbouring people including their son (PW-16) and the daughter-in-law (PW-2) assembled. The son, Gaganjoy Tripura (PW-16) lodged the FIR (exhibit-9) with the Station House Officer (S. H. O), of Gandacherra Police Station, which had been registered as Gandacherra P. S. Case No. 20/1998 under Sections 148/149/302 IPC and 27 of the Arms Act read with Section 10/13 of the Unlawful Activities (Prevention) Act. Police commenced the investigation accordingly. Police visited the place of occurrence and conducted inquest on the dead body of the deceased and prepared an inquest report (exhibit-7) and sent the dead body for post mortem examination. During visit Police also seized two numbers of empty cartridges of A.K. series rifle from the vicinity of the place of occurrence vide (exhibit-2), seizure memo; two numbers of empty cartridges from the place of occurrence and one .9 mm bullet (live) vide (exhibit-3). The Investigating Officer also examined the witnesses under the provisions of Section 161 of the CrPC and prepared the sketch map (exhibit-8) of the place of occurrence with index. On 02.11.1998, appellant Dayaljoy Tripura was arrested from his residence while appellant Bagirai Reang was arrested on 28.11.1998. Having received an information on 07.11.1999 that accused Buddhijoy Tripura was also involved in the killing, he was shown as arrested. After completion of the investigation, the Investigating Agency laid the charge-sheet on 23.01.2000 against Bagirai Reang and Dayaljoy Tripura, both the appellants along with Barnajoy Reang, Buddhijoy Tripura, Atharababu Halam, Garamjoy Reang, Daharam Reang, Goshiram Reang and Doshiram Reang showing as absconders. After lodgement of the charge-sheet accused Garamjoy Reang was arrested.