BIJOY JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner has faced the trial on the charge for committing the offence punishable under Section 392 of the IPC. The Chief Judicial Magistrate, South Tripura, Udaipur who had presided over the trial convicted the petitioner under Section 392 of the IPC and sentenced him to suffer RI for 7 years with a fine of Rs.10,000/- in default of payment of fine to suffer further RI for one year.

(2.) The petitioner filed an appeal under Section 374(3) of the Cr.P.C. in the Court of the Sessions Judge, South Tripura, Udaipur being Criminal Appeal No.47(3) of 2006 which was decided by the impugned judgment and order dated 11.04.2007 on affirming the trial court's judgment and order dated 16.11.1995 passed in GR No.199 of 1993. In the impugned judgment it has been held that there was no infirmity in the judgment of the trial court.

(3.) The prosecution case relevant to this petition may briefly be introduced. The petitioner who was a police constable attached to the traffic unit of Dhwajanagar police line visited the Pitra outpost under RK Pur PS on 05.09.1993 with another constable namely Ratan Das of the said outpost at noon and they stayed there for the night. His bed was arranged in Barrack No.3 of the said outpost and on observing his suspicious movement, all the arms and ammunitions from the said Barrack was removed to the magazine room. At about 4 a.m. he had allegedly entered into the Barrack No.1 and taken the rifle and ammunition of Constable Nitai Debnath. He tried to flee away with the arms and ammunition but he was noticed by the sentry on duty and other constables. They raised cry and chased him and within few minutes they captured him from a place little away from the outpost with the help of the other people as well. The petitioner was thereafter handed over to the officer in charge of the outpost. One constable Samir Biswas, PW-12, filed the written ejahar (Exbt.2/5) and based thereon RK Pur PS Case No.3(9) of 1993 under Sections 392/411 of the IPC was registered. The investigation was taken up by Arun Kr. Das, one Sub-Inspector OC of the said outpost, PW-11 and on completion of the investigation he filed the charge sheet against the petitioner for commission of offence punishable under Section 392/411 of the IPC. The charge framed under Section 392 of the IPC was denied totally by the petitioner on advancing the plea of facing the trial.