PRADIP DAS Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order dated 12.07.2007, passed by the learned Additional Sessions Judge, Belonia, South Tripura, in Criminal Appeal No. 12(2) of 2007, whereunder the learned Additional Sessions Judge upheld the judgment and order of conviction and sentence dated 21.05.2007, passed by the learned Sub -Divisional Judicial Magistrate, Belonia, South Tripura, in Case No. G.R. 155 of 2005 under Section 292 of IPC.

(2.) HEARD learned counsel, Mr. S. Sarkar for the petitioner and learned Additional Public Prosecutor, Mr. R.C. Debnath for the State -respondent.

(3.) COGNIZANCE was taken on the basis of police report and in course of trial, the accused was examined under Section 251 of Cr.P.C., to which he pleaded not guilty and claimed to be tried. Prosecution examined six witnesses to prove the charge and also proved some documents and materials, such as, FIR, hand sketch map, G.D. Entry, seized cassettes etc. At the conclusion of the trial, learned SDJM, Belonia found accused -petitioner guilty of the charge and sentenced him to suffer R.I. for two years and to pay a fine of Rs. 2,000/ -, in default of payment of fine to suffer further S.I. for six months. The accused -petitioner preferred Criminal Appeal No. 12(2) of 2007 and the learned Additional Sessions Judge by Judgment dated 12.07.2007 upheld the Judgment and order of conviction and sentence passed by learned SDJM, Belonia, South Tripura.