SUNIL TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this revisional application, filed under Section 397 read with Section 401 of Cr.P.C., the convict -petitioner challenged the judgment and order, dated 23.12.2008 passed by learned Addl. Sessions Judge, South Tripura, Belonia, in Criminal Appeal No.19(4)/2008 where -under learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence, dated 07.11.2008, passed by learned Judicial Magistrate 1st Class, Belonia, in Case No. GR 118 of 2000. Learned Judicial Magistrate 1st Class found the convictpetitioner guilty of comm -itting offence punishable under Section 409 of IPC and Section 7(1)(ii) of the E. C. Act and sentenced him to suffer R.I. for 3(three) years and to pay a fine of Rs.5000/ - in default of payment to suffer S.I. for 3(three) months under Section 409 of IPC and, again for commission of offence punishable under Section 7(1) (ii) of the E. C. Act, he was sentenced to suffer R.I. for 3(three) years and to pay a fine of Rs. 5000/ - in default to suffer S.I. for 3(three) months. However, Learned Judicial Magistrate 1st Class directed that the substantive sentences shall run concurrently.

(2.) In appeal, learned Addl. Sessions Judge set aside the judgment and order of conviction and sentence under Section 7(1) (ii) of E.C. Act but upheld the judgment and order of conviction and sentence under Section 409 of IPC.

(3.) Heard learned Legal Aid Counsel, Mr. D. C. Roy and learned counsel, Mr. H. Debnath for the convict -petitioner and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.