DIPAK DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Five appellants, Shri Dipak Das, Pradip Das, Kartik Shil, Nimai Sukladas and Shri Balaram Shil were charged under Sections 395/412 of the Indian Penal Code (for short "IPC") and Section 27 of the Arms Act and having been convicted under Section 395 IPC and sentenced to suffer R. I. for ten years with a fine of Rs. 2,000/- each, i/d. to suffer further R. I. for two months and further being convicted under Section 27 of the Arms Act and sentenced to suffer R. I. for six months by the learned Additional Sessions Judge, Khowai, West Tripura vide his judgment and order dated 20.7.2001 passed in Sessions Trial No. 109 (WT/K) 2000 have challenged the aforesaid judgment and order in this appeal. It was directed by the learned trial Court that both the sentences would run concurrently.

(2.) The facts leading to prosecution of the appellants before the learned trial Court, in brief, are as follows :-

(3.) On the basis of the said complaint, O/C., Kalyanpur Police Station registered a case being Kalyanpur P. S. Case No. 12 of 1994 under Section 392 IPC and directed for investigation of the case. After completion of investigation, police filed charge sheet against the appellants herein along with one Nil Chand Sarkar and the case being exclusively triable by the Court of sessions, was committed to the Court of learned Sessions Judge after adjourning the case sine die against the accused Nil Chand Sarkar as he was not available before the Court and the learned Sessions Judge after registration of the case transferred the same to the learned Additional Sessions Judge, Khowai, West Tripura for trial. During trial, accused-appellant Kartik, Nimai and Nil Chand (against whom the case was sine die adjourned) made confessional statement under Section 164 of the Code of Criminal Procedure, 1973 before the Magistrate. It is to be noted here that during investigation police also produced two other accused namely, Ranjit Tati and Rana Pati Debnath on 5.3.1994 and the learned Sub-Divisional Judicial Magistrate, Khowai, West Tripura released them on the very day. The learned trial Court framed charges against the five convict-appellants under Sections 395/412 IPC read with Section 27 of the Arms Act.