SRI MRINAL KANTI DEY Vs. THE STATE OF TRIPURA, REPRESENTED BY THE SECRETARY, GOVT. OF TRIPURA, HOME DEPARTMENT

JUDGEMENT

(1.) HEARD Mr. A. Bhowmik, learned counsel appearing the petitioner as well as Mr. R.C. Debnath, learned Addl. Public Prosecutor appearing for the state. This is a petition filed under Section 397 read with Section 401 of the Cr.P.C., questioning the legality of the judgment and order dated 21.04.2008 passed by the Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 05(2) of 2008, whereby the judgment and order dated 10.03.2008, delivered by the Chief Judicial Magistrate, South Tripura, Udaipur in G.R. No. 236/2006 has been affirmed.

(2.) BY the said judgment and order dated 10.03.2008, the revision petitioner has been convicted under Sections 279/338 of the IPC and sentenced to suffer six months RI for each of the offences. However, it has been directed that both the sentences shall run concurrently.

(3.) BASED on the said complaint received on 04.06.2006, R.K. Pur P.S. Case No. 229/2006 was registered and taken up for investigation. On completion of investigation, the charge -sheet was filed against the petitioner and the statement of accusation under Section 251 of the Cr.P.C. was read over to him and he denied the accusation and claimed to face the trial.