MANOJ KANTI DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against Judgment and order of conviction and sentence dated 13.03.2009 passed by learned Sessions Judge, North Tripura, Kailashahar in Criminal Appeal No. 18(4) of 2008 whereunder learned Sessions Judge upheld the judgment & order of conviction and sentence dated 11.11.2008 passed by learned Judicial Magistrate, First Class, Kailashahar. North Tripura in Case No. G.R. 141 of 2006. In Case No. G.R. 141 of 2006, in the Court of Judicial Magistrate, First Class, North Tripura, Kailashahar, the accusedpetitioners were charged for commission of offence punishable under Section 325 and 379 read with Section 34 of IPC and after conclusion of trial, learned Judicial Magistrate found them guilty of committing offence punishable under Section 325 read with Section 34 of IPC and sentenced them to suffer simple imprisonment for three years and to pay a fine of Rs. 500/ - each in default of payment to suffer S.I. for one month. In appeal, learned Sessions Judge upheld the judgment & order of conviction, but reduced the sentence with a direction that the accused -petitioner shall suffer rigorous imprisonment for two years. Aggrieved, the accused -convict -petitioners preferred the present revisional application.

(2.) HEARD learned counsel, Ms. P. Dhar for the petitioners and learned Additional P.P., Mr. R.C. Debnath for the Staterespondent.

(3.) ON 16.05.2006, Uttam Deb (P.W. 1) lodged an FIR before the O.C., Manu P.S. narrating the fact which was reduced into writing by S.I. Kamal Kar Chowdhury, in -charge O.C. of the P.S. and accordingly, Manu P.S. Case No. 16 of 2006 under Section 341/325/379/34 of IPC was registered and an investigation was taken up. After completion of investigation, charge sheet was submitted against all the FIR named accused persons i.e. the accused -petitioners and Mukul Deb, who died in the mean time and on the basis of the charge sheet, cognizance was taken under Sections 341, 325, 379 and 34 of IPC and trial was taken up. In the course of trial, charges under Sections 325 and 379 read with Section 34 of IPC were framed against all the accused persons to which, they pleaded not guilty and claimed to be tried.