Document Fragment View

Matching Fragments

3. PW20, on completion of the investigation, filed a charge-sheet under Sections 148/149/302/326/307/436 IPC read with Section 34 IPC and 27(3) of the Arms Act, 1959 read with Section 34 IPC against 11 persons, including (1) Rabi Deb Barma, (2) Gandhi Deb Barma, (3) Mantu Deb Barma, (4) Sambhuram Deb Barma, (5) Budhraj Deb Barma. Charge-sheet was also filed against some other accused, who were found absconding, namely, (1) Subha Deb Barma, (2) Sandhya Deb Barma, (3) Samprai Deb Barma, (4) Falgoon Deb Barma, (5) Bijoy Deb Barma, (6) Budh Deb Barma, (7) Mangal Deb Barma, (8) Sankar Deb Barma, (9), Kaphur Deb Barma, (10) Sandhyaram Deb Barma alias Phang and (11) Ashok Deb Barma (i.e. the Appellant herein). Out of the 11 persons named in the charge-sheet, chargers were framed against five persons under Sections 326, 436 and 302 read with Section 34 IPC and also Section 27(3) of the Arms Act, 1959 read with Section 34 IPC, which included the Appellant herein. All the above-mentioned persons pleaded not guilty and claimed to be tried.

5. The Additional Sessions Judge, West Tripura, Agartala, having found the Appellant and Gandhi Deb Barma guilty of the offences under Sections 326, 436 and 302 read with Section 34 IPC and also Section 27(3) of the Arms Act, 1959 read with Section 34 IPC, declared both the accused guilty of the offences aforementioned and convicted them accordingly vide judgment dated 7.11.2005, on which date Gandhi Deb Barma was absent since he was absconding. Judgment was, therefore, pronounced by the Sessions Judge in the absence of the co-accused in terms of Section 353(6) CrPC. The Additional Sessions Judge then on 10.11.2005, after hearing the prosecution as well as the accused on the question of sentence, passed an order sentencing the Appellant to death on his conviction under Sections 148/149/302/326/307/436 IPC read with Section 27(3) of the Arms Act, 1959.

23. We may, however, indicate that the answers given by the accused while examining him under Section 313, fully corroborate the evidence of PW10 and PW13 and hence the offences levelled against the Appellant stand proved and the trial Court and the High Court have rightly found him guilty for the offences under Sections 326, 436 and 302 read with Section 34 IPC.

24. We shall now consider whether this is one of the rarest of rare case, as held by the trial Court and affirmed by the High Court, so as to award death sentence to the accused.

25. In this case, altogether 11 persons were charge-sheeted for the offences under Sections 326, 436 and 302 read with Section 34 IPC and also Section 27(3) of the Arms Act, 1959 read with Section 34 IPC, but charges were framed only against 5 persons under Sections 326, 436 and 302 read with Section 34 IPC and also Section 27(3) of the Arms Act, 1959 read with Section 34 IPC. For want of evidence, three accused persons Budhrai Deb Barma, Mantu Deb Barma and Subhuram Deb Barma were acquitted on 23.4.2005 under Section 232 CrPC and only two accused persons, Appellant and Gandhi Deb Barma were called upon in terms of Section 232 CrPC to enter on their defence. Out of 11 accused, we are left with only two accused persons who were found guilty, out of whom Gandhi Deb Barma is now absconding, hence, we are concerned only with the Appellant. We will first examine whether the appellant was solely responsible for all the elements of crime.