DIPAK DEBNATH Vs. STATE OF TRIPUR

JUDGEMENT

(1.) The correctness, legality and propriety of the findings, based on which the petitioner has been convicted by the judgment dated 01.10.2010, delivered in G.R. No.197/2009 by the Sub-Divisional Judicial Magistrate (SDJM), Kamalpur, North Tripura, under Sections 380 of the IPC are questioned by this petition. In terms of the conviction, the petitioner has been sentenced to suffer rigorous imprisonment for two years with fine of Rs. 500, in default of payment of fine, to suffer further imprisonment for six months. On appeal, the said judgment of conviction has been affirmed so far the conviction under Section 380 of the IPC is concerned, by the judgment and order dated 15.12.2010, delivered in CR Appeal No.06/2010 by the Addl. Sessions Judge, North Tripura, Kamalpur. The affirmation has also been questioned in this revision. It is to be noted that though the petitioner had been convicted under Section 411 of the IPC by the trial court, as has been segregated for purpose of reference, but that conviction has been set aside by the appellate court.

(2.) Briefly stated, on 21.07.2009 the petitioner was left alone in the workshop on good faith by one Sanjit Debnath (PW.2), son of the informant, namely Sashi Mohan Debnath (PW.1). Thereafter, on 22.07.2009 at about 0810 hours, PW.1 had lodged a written ejahar by giving a catalogue of some machines, their parts and materials, stating that when his son (PW.2) returned to the workshop, he found that the materials in their workshop were scattered and the catalogued materials were missing. Moreover, on search, the petitioner had not been found anywhere. By filing the ejahar (Exbt.1), he has prayed for taking action against the petitioner.

(3.) Based on the said ejahar, Ambassa P.S. Case No.59/2009, under Sections 457/380 of the IPC was registered and taken up for investigation by PW.7, Sri Manabendra Choudhury, Deputy Superintendent of Police, Dhalai District. The petitioner was caught red-handed in the yard of Ambassa Railway Station by PW.7 in presence of the witnesses. The stolen materials were recovered from the petitioner, on preparing the seizure list (Exbt.2). Thereafter, the petitioner was arrested simultaneously in connection with the said case. The chargesheet was filed and the charge was framed against the petitioner under Sections 380/411 of the IPC, to which he pleaded not guilty and prayed for facing the trial.