SANJIT KAR, SOUTH TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of CrPC is directed against the judgment and order of conviction and sentence dated 23.12.2008, passed by learned Addl. Sessions Judge, Belonia, South Tripura, in Criminal Appeal No.20(4) of 2008, whereby learned Addl. Sessions Judge found the accused appellant guilty of committing offence punishable under Section 456 of IPC and sentenced him to suffer SI for six months and to pay a fine of Rs.500/ -(rupees fine hundred), in default of payment to suffer SI for two months.

(2.) HAVING felt aggrieved the revisional application is filed.

(3.) LEARNED counsel, Mr. Sarkar has submitted that the informant and other material witnesses, i.e. PWs 2 and 3 made contradictory and inconsistent statements in respect of the alleged occurrence and under such circumstances the total prosecution case is liable to be disbelieved. It is contended by Mr. Sarkar and Mr. Roy that there is no evidence to prove the criminal intention of the accused which is necessary for punishing under Section 456 of IPC. The accused had a quarrel with PW2, the brother of the informant and also the accused was due to get some amount from the informant and for all those enmities the accused petitioner has been falsely implicated in the criminal case. It is further submitted by Mr. Sarkar and Mr. Roy that PW7, who is an independent witness of the locality, has stated a different story which did not support the story narrated by the informant and other two witnesses, i.e. PWs 2 and 3. Learned counsel, therefore, prayed for giving the accused benefit of doubt.