MADHU MALLIK Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. R.C. Debnath, learned Addl. Public Prosecutor appearing for the state.

(2.) BY this petition filed under Section 397 read with Section 401 of the Cr.P.C., the judgment and order dated 13.08.2007, delivered in Criminal Appeal No. 10(1)/2006, passed by the Addl. Sessions Judge, West Tripura, Agartala, Court No. 3, has been called in question.

(3.) BEING aggrieved by that judgment dated 06.02.2006, when the petitioner filed an appeal under Section 374(3) of the Cr.P.C., being Criminal Appeal No. 10(1)/2006, the finding of conviction was not interfered by the Addl. Sessions Judge, West Tripura, Agartala by the judgment dated 13.08.2007. However, after observing that the petitioner by that time has suffered the term of imprisonment, the amount of fine was reduced to Rs. 7,000 from Rs. 25,000. This petition questions both the finding of confirming the conviction under Section 498A of the IPC and the sentence as modified by the Addl. Sessions Judge, West Tripura, Agartala.