Ashok Debbarma @ Achak Debbarma v. State of Tripura

Ashok Debbarma @ Achak Debbarma  v. State of Tripura


JUDGEMENT on March 4, 2014.

The case is concerned with a tragic incident in which a group of Armed Extremists at Jarulbachai village in the night of 11.2.1997, set fire to twenty houses belonging to a group of linguistic minority community, in which 15 persons lost their lives, which included women and children and causing extensive damage to their properties. More than 15 persons were died. Looking at the serious nature of the evidence, investigation was handed over to the Criminal Investigation Department (CID) and PW20 (a DSP) was entrusted with the investigation. PW20, filed a charge-sheet against 11 persons. The Additional Sessions Judge in terms of provisions contained in Section 366 (1) CrPC referred the matter to the High Court for confirmation of death sentence awarded to the Appellant. The Appeals as well as the Reference were heard by the High Court. The High Court vide its judgment and order dated 5.9.2012 set aside the conviction of the Appellant under Section 27(3) of the Arms Act, 1959. However, the death sentence under Section 302 IPC read with Section 34 IPC, in addition to the sentence passed for offence under Sections 326 and 436 read with Section 34 IPC, was sustained, against which these Appeals have been preferred. Consequently, the SC gave the verdict that, while altering the death sentence to that of imprisonment for life, we are inclined to fix the term of imprisonment as 20 years without remission, over and above the period of sentence already undergone, which, in our view, would meet the ends of justice…read more