HRISHIKESH ROY, J. - (1.) THESE two appeals arise out of the same judgment and order dated 17. 8. 2002 passed by the learned Addl. Sessions Judge, Dharmanagar, North Tripura in Case No. ST 60 (NT/d) of 2001 whereby the two appellants herein have been convicted for offences under Sections 364a, 302, 201 read with Section 34 of the Indian Penal Code. The appellants have been sentenced to suffer life imprisonment and also to pay a fine of Rs. 5,000/- each for conviction under Section 364a of the IPC and in default of fine to undergo further two years ' imprisonment. For thier conviction under Section 302 IPC, they have been sentenced to further life imprisonment and have also been inflicted with fine of Rs. 5,000/- each and in default of fine, two more years of imprisonment. For conviction under Section 201 IPC, separate sentence of two years' imprisonment has been imposed along with a fine of Rs. 2,000/- each and in default of payment of fine, to undergo one more year of imprisonment. All the punishments have been directed to run consecutively. In addition to above sentence, compensation has been directed to be paid by the two appellants herein at the rate of Rs. 50,000/- each, which has been ordered to be paid to family of the victim.
(2.) THE case set up by the prosecution is that the accused persons including the two appellants had abducted one Nisith Ranjan @ Manik Das on 20. 3. 2000 at about 8. 30 p. m. in furtherance of their common intention, from the victim's house under Panisagar Police Station. Following the abduction, ransom demands were made to the family members for release of the victim. Some amount by way of ransom was also paid to the accused Ishwar Kaipeng who is the appellant in Criminal Appeal 64 of 2003. But even after such payment, the victim was not released. The further case of the prosecution is that subsequently the appellant Dhalai Ram Reang who has filed Criminal Appeal 75 of 2002 was apprehended by the police and he confessed of being involved with the abduction and gave information that he along with others had killed the victim and buried him at a place near Nutanpara, Tailengtacharra under Damcherra Police Station and that he would be able to show the exact place where the victim has been buried. Then a police team along with appellant Dhalai Ram went to Nutanpara Village and the body of the victim was disinterred from the exact place shown by the appellant Dhalai Ram Reang. The disinterred skeleton of the victim was identified by the wearing apparels found on the skeleton as the buried body could not be recognized otherwise. As the case was exclusively triable by the Sessions Court, the case was committed and two separate charges under Sections 364/302/201 and Section 364a read with Section 34 of the IPC were framed. The accused pleaded not guilty and the case was put to trial.
(3.) FOR ready reference the charges against the appellants are extracted herein below : "charge I, Sri Amitava Dasgupta, Addl. Sessions Judge, North Tripura, Dharmanagar hereby charge you (1) Lienlal Ram Halam (2) Sambumram Halam (3) Iswar Kaipeng and (4) Dulairam Reang as follows : Firstly : That you on or about 20. 3. 2000 at about 8. 30 P. M. in furtherance of common intention abducted Nishit Ranjan Das @ Manik Das in order that said Nishit Ranjan Das @ Manik Das might be murdered or might be disposed of as to put in danger of being murdered and you thereby committed an offence punishable under Section 364 of I. P. C. read with Section 34 of I. P. C. and within the cognizance of this Court of Sessions. Secondly :- That you on or about 1. 4. 2k at about noon at Nutanpara under Damcherra Police Station in furtherance of common intention did commit murder by internationally causing the death of Nishit Ranjan Das @ Manik Das and you thereby committed in offence punishable under Section 302 I. P. C. read with Section 34 of I. P. C. and within the cognizance of this Court of Sessions. Thirdly : That you on or about 1. 4. 2000 at about Noon at Nutanpara under Damcherra Police Station in furtherance of common intention knowing that certain offence of murder punishable with life imprisonment has been committed did cause certain evidence of the said offence to disappear to wit buried the dead body of Nishit Ranjan Das @ Manik Das with the intention to screening yourself from legal punishment and you thereby committed an offence punishable under Section 201 of I. P. C. read with Section 34 of I. P. C. and within the cognizance of this court of Sessions. And, I hereby direct that you be tried by this Court on that charge. CHARGE I, Sri Amitava Dasgupta, Addl. Sessions Judge, North Tripura, Dharmanagar hereby charge you (1) Iswar Kaipeng and (2) Dulairam Reang as follows : That, you on or about 20. 3. 2000 at about 8. 30 P. M. at North Padma Bill under Panisagar Police Station in furtherance of common intention abducted Nishit Ranjan Das @ Manik Das and kept him detention after such abduction and threatened to cause death or hurt to him and by your conduct give rises to a reasonable apprehension that he may be put to death or hurt of him in order to compel his relations to pay ransom and you thereby committed an offence punishable under Section 364-A of the Indian Penal Code read with Section 34 of the Indian Penal Code and within the cognizance of this court of sessions. And, I hereby direct that you be tried by this court on that charge. " ;