SANJIT DEBBARMA @ KHURUMPUI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 22-2-2007 passed by the learned Addl. Sessions Judge, West Tripura, Khowai in S.T. 15(WT/K) of 200(5 whereby and where under the appellant was convicted Under Sec. 364 read with Sec. 149 of Penal Code and also under Sec. 27(1) of the Arms Act read with Sec. 149, Penal Code sentencing him to suffer R. 1. for 7 years and also to pay fine of Rs. 4,000.00 for the offence committed Under Sec. 364 and Under Sec. 149, IPC, in default, to suffer R.I. for 1 year and he was further sentenced to suffer R.I. for 3 years and also to pay a fine of Rs. 2,000.00 for the offence Under Sec. 27(1) of Arms Act, in default, to suffer R.I. for 6 months, both the sentences will run concurrently, the convict-appellant (hereinafter referred to as the appellant) has preferred the present appeal.

(2.) Heard Mr. H. Debnath, learned Counsel for the appellant as well as Mr. D. Sarkar, learned P.P. Tripura assisted by Mr. R.C. Debnath, for the State respondent.

(3.) A brief narration of the prosecution case would be necessary in order to examine the legality and correctness of the impugned judgment, by which the appellant was convicted and sentenced. On 4-12-2004 at about 11 a.m. while a group of labourers, 11 in number, were engaged in harvesting paddy in the land of the informant, Nakshirai Debbarma, P.W. 8, a group of ATTF extremists led by Bipin Debbarma, Khurumpai Debbarma, Atul Debbarma and Sukumar Debbarma being armed with gun and pistol raised objection in harvesting paddy and out of fear almost all the labourers working in the aforesaid paddy field fled away. However, those extremists forcibly took one of the labourers, namely, Santosh Debbarma, P.W. 7, away. Two of the labourers, namely, Dipu Debbarma and Sukumar Debbarma informed the matter to one Nakshirai Debbarma (informant) who, in turn, went to the CRPF camp and reported the incident and also lodged a complaint with the Kalyanpur Police Station in connection with the incident.