SRI SANKAR MAJUMDER Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. B. Deb, learned counsel appearing for the convict -petitioners as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the State. These revisional petitions filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. in short) are tied up together for the purpose of disposing the same for a simple reason that those criminal revision petitions have questioned the same judgment and order dated 05.02.2007 delivered in Criminal Appeal No. 13(4) of 2006 by the Addl. Sessions Judge, South Tripura, Belonia convicting the petitioners under Section 304A of the IPC with a fine to the extent of Rs. 50,000/ - each and in default thereof to suffer simple imprisonment for six months. The said impugned judgment and order has modified the sentence imposed by the order dated 11.12.2006 by the Judicial Magistrate, 1st Class, Belonia, South Tripura delivered in GR Case No. 288 of 2000.

(2.) THE undisputed fact that has emerged from the record is that on 29.09.2000 two children namely Sanjoy Bhowmik and Sanjib Bhowmik were electrocuted by the electrical cables laid by some persons from the Electrical Department in a place nearby the complainant's courtyard. Having complaint from one Narayan Paul, Belonia PS Case No. 128 of 2000 was registered under Section 336/304A of the IPC and taken up for investigation. After investigation, the charge -sheet was filed against the petitioners.

(3.) HAVING been dissatisfied with the said judgment and order of conviction and sentence, the petitioners had jointly filed an appeal being Criminal Appeal No. 13(4) of 2006 which was dismissed by the judgment and order dated 05.02.2007 passed by the Addl. Sessions Judge, South Tripura, Belonia. However, the Addl. Sessions Judge modified the sentence directing the petitioners to pay only fine of Rs. 50,000/ - and in default thereof to suffer SI for 6 months. However, the sentence as passed under Section 304A of the IPC has been confirmed by the impugned judgment.