BABUL DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. B. N. Majumder, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned PP appearing for the State.

(2.) This revision petition filed under Section 397 read with Section 401 of the Cr.P.C. is directed against the judgment and order dated 23.04.2005 delivered in Criminal Appeal No.67(4) of 2004 by the Sessions Judge, West Tripura, Agartala. By the said judgment and order dated 23.04.2005, the judgment of conviction and order of sentence dated 28.09.2004 delivered in GR Case No.267 of 2002 by the Chief Judicial Magistrate, West Tripura, Agartala has been upheld. The petitioner has been convicted for committing offence of causing hurt and hurt by dangerous weapon which are punishable under Sections 323 and 324 of IPC and sentenced to suffer rigorous imprisonment for 6(six) months and 3(three) years respectively.

(3.) Mr. Majumder, learned counsel for the petitioner has submitted that even though the petitioner did not have any criminal antecedent on the day when the order of sentence has been passed, the benefit under Section 360 of the Cr.P.C. has been denied to him and for denying the said benefit the trial court has made the following observation: