SRI SAMBHU DEBBARMA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Ms. R. Purkayastha, learned counsel appearing for the appellant as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the state.

(2.) THIS appeal by the convict is directed against the judgment and order dated 05.04.2013 delivered in S.T. No. 40(ST/K)/2009 by the Addl. Sessions Judge, West Tripura, Khowai. By the said judgment and order, the appellant, Sambhu Debbarma has been convicted under Sections 489B and 489C of the Indian Penal Code . However, the Addl. Sessions Judge has noted that he would not impose any sentence for Section 489C of the IPC, inasmuch as, according to his opinion the offence depicted under Section 489C of the IPC is within the offence depicted under Section 489B of the IPC. As such, the appellant was sentenced to suffer RI for seven years and to pay fine of Rs. 20,000, in default to suffer SI for two years under Section 489B of the IPC.

(3.) BASED on the said oral ejahar (Exbt. 1), Teliamura P.S. Case No. 61/2008, under Sections 489B and 489C of the IPC was registered and taken up for investigation. On completion of the investigation, the chargesheet was filed against the appellant. On taking cognizance, the case was committed to the court of the Addl. Sessions Judge, West Tripura, Khowai, who framed the charge against the appellant under Sections 489B and 489C of the IPC, to which the appellant pleaded total innocence and claimed to face the trial.