DHANA CHANDRA MALSUM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. C. Majumder, learned counsel for the appellant as well as Mr. R. C. Debnath, learned Special PP for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dated 22.1.2002 passed by the learned Sessions Judge, South Tripura, Udaipur in Sessions Trial No. 44(ST/U)/98 under Section 395 IPC.

(3.) The prosecution story, in brief, may be stated as follows: On 6.4.97 at midnight a dacoity was committed by about five miscreants, after forcefully entering into the dwelling house of Sri Nidhan Charan Malsum (informant) they took away an amount of Rs. 2,000/- from the house after making search in the house. Alarming raised, the villagers apprehended two of the miscreants, namely, Sri Soneram Malsum and Sri Karma Bhakta Malsum. A country-made gun was also recovered from the possession of Sri Karma Bhakta Malsum. On being asked by the villagers, the said apprehended persons disclosed that Sri Dhana Chandra Malsum (appellant) and Sri Manithan Malsum were also present along with them in committing the alleged offence. The apprehended persons, namely, Sri Soneram Malsum and Sri Karma Bhakta Malsum were handed over to the Police. On receipt of the FIR, the Police launched investigation into the matter and forwarded the accused Sri Soneram Malsum and Karma Bhakta Malsum to the Magistrate for recording their confessional statement. Accordingly, the confessional statement made by the said two accused persons were recorded by the learned Judicial Magistrate. At the end of the investigation the Police submitted the chargesheet against the appellant and four others, namely, Sri Soneram Malsum, Sri Padma Chandra Malsum, Sri Manithang Malsum and Sri Karma Bhakta Malsum and forwarded them to the court for trial for the offences under Section 395 IPC and Section 25 (i) (a) of the Arms Act.