SURENDRA REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS Criminal Appeal under Section 374 (2) of the Cr. P. C. , is against the judgment of conviction and sentence dated 24. 6. 2008 passed in s. T. 09 (NT]/kmp)/2006 by the learned Addl. Sessions Judge, North Tripura, Kamalpur convicting and sentencing the appellants to suffer imprisonment for life and to pay a fine of rs. 10,000 in default, to suffer R. I. for 1 year for committing offence punishable under section 364a of I. P. C. and also to suffer R. I. for 10 years and to pay fine of Rs. 5,000 in default to suffer R. I. for 6 months for committing offence punishable under Section 395 of I. P. C. All the sentences are to be run concurrently.

(2.) THE prosecution case in brief is that one Shri Dulal Deb lodged an FIR to the police contending that on 19. 10. 2002 when he was sleeping at home with other family members, his. neighbour Shib Narayan gaur called him at 12 a. m. As he opened the window three miscreants entered through the window with gun and looted gold and other valuables of the hut. Thereafter, they kidnapped him and his son. After proceeding some direction he also found shib Narayan Gaur with tied hand. The miscreants also looted the valuables of said Shib narayan Gaur and took them to bangladesh. There the miscreants issued a letter demanding a sum of Rs. 20,00,000 as ransom and allowed him to be free. Informant thus came back and lodged the FIR. On the basis of the said FIR, Kamalpur PS case No. 51/02 was registered. The O. C. of the said P. S. took up the matter himself for investigation. During the course of investigation the I. O. visited the place of occurrence, examined all available witnesses, prepared hand sketch map, seized some exhibits. Later on kidnapped persons were recovered from Rajkanti by O/c Kumarghat p. S. and also caught red handed the kidnappers. Test identification parade was conducted and suspects were duly identified. A prima facie case having been made out against the accused persons charge-sheet under Section 395/364a of the I. P. C. and also under Section 27 of the Arms Act was submitted.

(3.) CHARGE was duly framed against the accused/appellants on 29. 8. 2006 and the same was read over and explained to them to which the accused/appellants pleaded no guilty and claimed to be tried.