Conviction under IPC Sections 364A and 302 was overturned due to lack of direct evidence linking the appellant to the crimes, highlighting the necessity of corroborating evidence in circumstantial cases.

1. The present appellant, Udaimanik Jamatia was put on trial along with other three accused, namely Debashis Reang alias Debasingh Reang, Kishore Jamatia and Manichand Jamatia for committing offence under S.364A and S.302 of the I.P.C. read with S.201 of the IPC On completion of the trial, the learned Sessions Judge, South Tripura, Udaipur upon recording the evidence and hearing the learned counsel for the parties ultimately found the appellant guilty for committing offence under all the sections, as stated supra. For commission of offence under S.364A, IPC the appellant was sentenced to suffer R. I. for life and also to pay a fine of Rs. 2,000/-, id to payment of fine, to suffer further SI for six months and for the offence committed under S.302 of the IPC the appellant was sentenced to suffer R. I. for life and also to pay fine of Rs. 2,000/-, id to payment of fine, to suffer further SI for six months and for the offence committed under S.201, IPC he was sentenced to suffer R. I. for seven years and to pay fine of Rs. 1,000/-, id to payment of fine to further suffer SI for three months vide his judgment and order dated 20-9-2005 passed in ST 100 (ST / U) / 2002.

2. Being aggrieved by the order of conviction and sentence as stated supra, passed by the learned Sessions Judge, South Tripura, Udaipur the appellant preferred the instant appeal for setting aside the order of conviction and sentence passed therein.

3. Heard Mr. Somik Deb, learned counsel for the appellant as well as Mr. D. Sarkar, learned PP who appeared along with Mr. R. C. Debnath, learned counsel for the State respondents.

4. The case set up by the prosecution is that one Sri Keshab Biswas, PW 1 Lodged an FIR with the Officer - in - charge of the RK Pur PS on 31-1-2000 alleging inter alia, on that date at about 11o'clock while one jeep bearing No. TR 03 2327 was going towards Garjee from Tainani and when it reached Hachupara, the extremists had stopped the aforesaid vehicle and kidnapped four passengers therefrom, namely Hazar Ali Mia, Chandan Das, Sankar Sarma and Indrajit Chakraborty. Out of these four kidnapped persons, Hazar Ali Mia, PW 3 was released by the extremists.

5. Upon receipt of the aforesaid complaint lodged by PW 1, a police case was registered being RK Pur PS Case No. 18/2000 under S.341/365/34 of the IPC against three unknown tribal miscreants. On completion of investigation the police filed charge - sheet against Trinayan Debbarma alias Tia, Kishore Jamatia, Jabbar Ali, Debashis Reang alias Debasing Reang, Malin Debbarma, Birandra Jamatia, Balaram Jamatia and Manichand Jamatia. Thereafter, on getting certain information further investigation was initiated and three persons namely, Padma Jamatia, Udaimanik Jamatia, present appellant herein, and Pushpa Sadhan Jamatia were arrested and ultimately charge - sheet was also filed against them.

6. As the offences involved in the case were triable by the Court of Sessions the case was committed for trial and the learned Addl. Sessions Judge, to whom the case was transferred, framed charges against the accused persons, namely Trinayan Debbarma alias Tia, Kishore Jamatia, Manichand Jamatia, Udaimanik Jamatia and Debashis Reang. At the time of trial, except accused Manichand Jamatia and the present appellant Udaimanik Jamatia, others had absconded. Hence, the trial was proceeded only against these two accused persons.

7. The charges framed by the Trial Court against the accused persons are as follows : -
"Firstly, that on or about the 31st January, 2000 at about 11 a.m. at Hachupara you abducted Chandan Das, Sankar Sharma and Indrajit Chakrabo