JYOTISH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14-11 -2003 passed by the learned Asstt. Sessions Judge, South Tripura. By the impugned judgment aforesaid the accused-appellants were convicted and sentenced to undergo rigorous imprisonment for 10 years under Sections 364/34 of Indian Penal Code (hereinafter called IPC ).

(2.) THE prosecution case, in brief, may be stated as follows : -Smt. Shakti Deb, daughter of the informant, was living in the house of the informant along with her minor daughter Smt. Silpi Deb. Sri Jyotish Das i. e. the appellant no. 1 who used to reside along with his wife smt. Dipali Das i. e. the appellant No. 2 near the house of the informant, maintained illicit relation with Smt. Shakti Deb. According to the informant, on 14-3-2002 Smt. Shakti Deb had gone to Agartala to visit a doctor in connection with her headache and she was not traceable since then. The prosecution story further reveals that, the appellant Jyotish Das had taken away Smt. Shakti Deb from her house on the plea that smt. Dipali Das was waiting for Shakti at udaipur. The FIR was lodged with the Police on 1-5-2002. On receipt of the FIR Police registered a case, launched investigation into the matter and at the close of the investigation, submitted the charge-sheet against the appellants and Sri Jyotish Das for the offences under Sections 364/34, IPC. The offence being exclusively triable by the court of Sessions the case was committed to the Court of Sessions and the learned sessions Judge transferred the same to the file of the learned Asstt. Sessions Judge. The learned Asstt. Sessions Judge framed charge under Sections 364/34, IPC against the appellants to which they pleaded not guilty and claimed to be tried. During the course of trial the prosecution examined as many as 9 witnesses including the Investigating officer. At the close of the evidence the appellants were examined under Section 313, cr. P. C. While denying the allegations, the appellants declined to adduce defence evidence. Considering the evidence on record the learned Asstt. Sessions Judge found the appellants guilty of offence under Sections 364/34, IPC and accordingly convicted them for the said offence. The appellants were sentenced to suffer rigorous imprisonment for 10 years. The third accused Sri Prantosh das was not found guilty of the offence under Sections 364/34, IPC and accordingly, he was acquitted. Being aggrieved by the said conviction and sentence the appellants have come up with this present appeal.

(3.) HEARD Mr. S. D. Chowdhury, learned counsel for the appellants and Mr. R. C. Debnath, learned Special PP for the State.