THE STATE OF TRIPURA Vs. ALOK DEY

JUDGEMENT

(1.) THIS criminal appeal under Section 378 of CrPC is directed against the judgment and order of acquittal dated 31.03.2012 passed by learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 34(3)/2011, whereunder the learned Sessions Judge set aside the judgment and order of conviction and sentence dated 05.08.2011 passed by learned Judicial Magistrate, First Class, Agartala, West Tripura in case No. GR. 880 of 2007.

(2.) HEARD learned P.P. Mr. A. Ghosh for the State appellant and learned counsel, Ms. R. Guha for the accused -respondents.

(3.) PROSECUTION examined 21(twenty one) witnesses to prove the charge and after closure of the prosecution evidence accused -respondents were examined under Section 313 of CrPC and in their turn they declined to adduce any defence evidence. Defence case is the denial of the prosecution case. At the conclusion of trial learned Judicial Magistrate, First Class found the accused persons guilty of the charge and sentenced accused Alok Dey to suffer RI for two years and to pay a fine of Rs. 5,000/ -, in default of payment of fine to suffer SI for two months. Learned Judicial Magistrate also sentenced Devika Dey(Das) to suffer RI for one year and six months and to pay a fine of Rs. 2,000/ -, in default of payment of fine to suffer SI for one month. Accused -respondent Niranjan Dey was sentenced to suffer for RI for year and to pay a fine of Rs. 2,000/ -, in default of payment of fine to suffer SI for one month.