Gauhati High Court
Sri Sahadeb Chakma @ Hurrhaba vs The C.B.I And Anr on 24 November, 2023
Author: M. Zothankhuma
Bench: Michael Zothankhuma, Malasri Nandi
Page No.# 1/4
GAHC010233262016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./266/2016
SRI SAHADEB CHAKMA @ HURRHABA
S/O RAJENDRA, R/O VILL. MAHOBIL, P.S. MANU, DIST. DHALAI, STATE OF
TRIPURA
VERSUS
THE C.B.I and ANR,
REPRESENTED BY THE STANDING COUNSEL
2:ANIL DEV,
S/O LT. GURU PRASAD DEV
R/O RANGAPAR, PART-I
P.S. KATLICHERRA
DIST. HAILAKANDI, ASSAM
Advocate for the Petitioner : MS.M KONCH
Advocate for the Respondent : MR.P N CHOUDHURY
Linked Case : CRL.A(J)/50/2017
RUPDHAN CHAKMA
VERSUS
C. B. I.
------------
Advocate for : AMICUS CURIAE
Advocate for : appearing for C. B. I.
Page No.# 2/4
Linked Case : Crl.A./245/2016
MD JAMALUDDIN MAJUMDAR @ BUDUL MIAN
S/O HAJI SARAAFAT ALI
R/O VILL. KILLERBAK
P.S. KATILCHERRA, DIST. HAILAKANDI
PIN 788161, ASSAM.
VERSUS
THE C.B.I. and ANR
REPRESENTED BY THE STANDING COUNSEL
2:ANIL DEV
S/O LT. GURU PRASAD DEV
R/O RANGAPAR PART-I
P.S. KATLICHERRA, DIST. HAILAKANDI
PIN 788161, ASSAM.
------------
Advocate for : MR.S ISLAM
Advocate for : MR.P N CHOUDHURY appearing for THE C.B.I. and ANR
Linked Case : Crl.A./95/2017
SRI KHAGENDRA CHAKMA @ KHAGEN
S/O DEVRAJ CHAKMA
R/O VILL. BAICHERRA
P.S.KATLICHERRA,
DIST. HAILAKANDI, ASSAM.
VERSUS
CENTRAL BUREAU OF INVESTIGATION and ANR
2:ANIL CH. DEB
S/O LT. GURU PRASAD DEV
R/O VILL. KATLICHERA
P.S. KATLICHERA, DIST. HAILAKANDI
ASSAM, PIN 788161
------------
Advocate for : MR.G GORLOSA
Advocate for : MS. P DAS appearing for CENTRAL BUREAU OF INVESTIGATION
and ANR
Page No.# 3/4
BEFORE
HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HON'BLE MRS. JUSTICE MALASRI NANDI
ORDER
24.11.2023 (M. Zothankhuma, J) Heard Mr. P. Dutta, learned counsel appears for the appellant in Crl.A. No.266/2016 and Mr. J. Mahanta, learned counsel appears for the appellant in Crl.A.(J) No.50/2017. Mr. B. Chakma, learned counsel appears on behalf of Mr. S. Borgohain, learned counsel for the appellant in Crl.A. No.95/2017. No one appears for the appellant in Cr.A.245/2016. Mr. M. Haloi, learned retainer counsel, CBI is present.
Mr. B. Chakma, learned counsel prays that the matter may be adjourned as his senior is unable to come to the Court due to a tooth-ache.
The case in brief is that the appellants have been convicted on the charge of kidnapping and demanding a ransom. The ransom was not paid. The dead bodies of two victims were however found.
The prosecution case is that the dead bodies of the two victims had been recovered due to the disclosure and on being led to the spot by the accused Sahadeb Chakma @ Hurrhaba and Krishna Madhab Chakma. Krishna Madhab Chakma however is not an appellant in these appeals and has not preferred any appeal as per the knowledge of the counsels herein. Further the appellants, except the appellant in Crl.A. No.245/2016 have made confessional statements under Section 164 Cr.P.C. Further a Test Identification Parade (TIP) had been done, where the driver of the car which had carried the victims prior to them Page No.# 4/4 being kidnapped, identified the appellants herein as the perpetrators of the crime.
The stand of the appellants, on the other hand, is that they had retracted their confessional statement during their examination under Section 313 Cr.P.C. and that the charge-sheet which had been exhibited as Ext.168, does not make any finding against the appellants. Further the charge-sheet was filed by some other police officer, other than the Investigating Officer (I.O.), which is not permissible in law.
Mr. M. Haloi, learned retainer counsel, CBI shall also show the charge-sheet filed by the CBI in the present cases.
On the next date, the learned counsel for the appellants shall satisfy the Court on the following points:
(i) Whether any confessional statement can be retracted under Section 313 Cr.P.C.
(ii) Whether filing of the charge-sheet by an officer other than the I.O. of the case would cause prejudice to the appellants?
On the prayer made by learned counsel for the appellant in Crl.A.95/2017, list these matters on 11.12.2023.
JUDGE JUDGE Comparing Assistant