SAILEN DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr D.C. Roy, learned counsel for the appellants and also heard Mr. R.C. Debnath, learned Special Public Prosecutor for the State of Tripura. None appears for the appellant in Crl. A. No. 57 of 2003.

(2.) In both these appeals, the appellants have challenged the common judgment and conviction dated 30.11.2001 passed by the learned Additional Sessions Judge, West Tripura, Khowai in connection with case No. S.T. 38 (WT/K)/2001 convicting the appellants under Section 436 IPC to suffer R.I. for 10 years and to pay fine of Rs. 3000/- in default, to suffer further R.I. for 2 months for commission of offence under Section 436 IPC and further sentence for 2 years under Section 148 the IPC and both the sentence will run concrurrently.

(3.) The prosecution case in short, as revealed from the FIR is that on 17/12/2000 at about 9.45 AM, a group of 40 to 45 members of National Liberation Front of Tripura (for short "NLFT") came to the house of the informant and when he saw the said group of extremists, he fled away from his house and hide in a bush and not finding him in his house, his houise was set on fire and as a result, his house was completely and the informant sustained a loss of Rs. 10 lakhs. The said extremists group also went to the house of one, Arun Debbarma and when they did not find him, they set fire in his house causing loss of Rs. 1,50,000.00. A written information was lodged by the informant with the Officer-in-Charge, Kalyanpur P.S. at 1605 hrs on the same day and on the basis of the said information, a crime being Kalyanpur P.S. Case No. 107 of 2000 was registered under Sections 148/149/436 of IPC and Section 27 of the Arms Act.