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Brij Narain, J.C.

1. Parakinkar Chakma appellant has been convicted by the learned Sessions Judge, Tripura Under Section 325 read with Section 149. IPC and Under Section 365, IPC and has been sentenced to a period of 2 years' R. I. under each count and both these sentences have been ordered to run concurrently. The appellant was further charged Under Section 395, IPC but he has been acquitted of the offence under that section 22 other accused had stood their trial along with appellant before the learned Sessions Judge in Sessions Trial No. 4 of 1954 but all of them were acquitted by the learned Sessions Judge on 26-7-1954. A number of other persons were also implicated in connection with the offences in question before the police but some of them were discharged by the police and as against other final report was ultimately submitted.

2. The facts of the case as alleged by the prosecution are that Rajani Mohan Bidyaratna P.W. 1 came to India after partition in the first part of the 1948 and he migrated from Pakistan. He first came to Dharmanagar where he founded co-operative society named Swasti Samity, Rajani Mohan Bidyaratna worked as the chairman of the society which had its branch office at Kanchanpur, Knmala Chandra Nath P.W. 13 is the vice-chairman of the society while Digendra Mohan Nath P.W. 10 is the secretary. Aocording to the prosecution the society got one thousand drones of jungly and uncultivated land in Tripura in 1948 and this land is situated in Kailashahar. The society began to cultivate the land in 1949 but Chakmas and Reangs had Zum cultivation occasionally in that area and only hill people lived there.

The further allegation of the prosecution is that in 1949 A.D. the Chakmas began to obstruct the society in their cultivation of the land and also in cutting jungles. They set fire to a hut of the society and in 1950 a buffalo belonging to the society was stolen. In 1951 another buffalo was stolen. There is was also a dacoity and on 3-2-1952 Rajani Mohan Bidyaratna received a report that there was golmal in Kanchanpur at the instance of Chakmas. This witness started for Kanchanpur the same day and he reached the branch office of Kanchanpur at Suknasara on 4-2-1952. On his way at Betsara he received a report that Promode Nath a member of the society had been assaulted by the Chakmas when harvesting mustard crop and the matter was reported to Fatikroy Thana. On 11-2-1952 Rajani Mohan Bidyaratna P; W. 1 started for Kailashahar to discuss the matter of these obstructions with the Divisional Officer. lie went to the Government Tahsil officer at Kanchanpur bazar before leaving for Kailashahar.

Ultimately he started for Kailashahar at 8 a.m. and he was accompanied by Nandalal Nath P.W. 2 and Dayananda Baidya P.W. 3 joined him when he had emerged from the bazar. When these three gentlemen had gone l/4th of a mile from the bazar towards the north they reached Dhepasara where 30 or 35 Chakmas attacked them with takkals, pieces of bamboo and lathis. The present appellant was amongst assailants and according to the prosecution, he seized Rajani Mohan Bidyaratna by throat and another assailant struck Rajani Mohan Bidyaratna with a piece of wood on the bridge of nose with the result that Rajani Mohan Bidyaratna became unconscious, Nandalal Nath and Dayananda Baidya were also assaulted and ultimately they were taken to the other side of the Deo river and they were tied round with the bark of udal tree and later on they were dragged and pulled and taken to a tong ghar of the Chakma. Thev were ultimately dragged on to the machan and tied to posts. The appellant is alleged to have robbed Rajani Mohan Bidyaratna P.W. 1 of a sum of Rs. 3/2/6 pies and also of his shoes, umbrella, jama and coat. Dayananda Baidya P.W. 3 was similarly robbed of a sum of Rs. 3/9/- and of his umbrella and Nandalal Nath P.W. 2 was robbed of his clothes by some other accused.