GOURANGA MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment and order dated 13.05.2011, delivered in Criminal Appeal No.26(4)/2009 by the Sessions Judge, West Tripura, Agartala, affirming the judgment and order of conviction dated 09.10.2009, delivered in G.R. No.561/2000, by the Judicial Magistrate 1st Class, Agartala, West Tripura, is under challenge in this revision petition.

(2.) By the judgment and order dated 09.10.2009, the accused has been convicted under Section 420 read with Section 34 of the IPC and sentenced to suffer three years simple imprisonment and to pay a fine of Rs. 2000, in default thereof, to suffer further simple imprisonment for two months. However, even though the conviction was not interfered with by the appellate court, but the sentence has been reduced to rigorous imprisonment for three months with fine of Rs. 2000, in default thereof, to suffer simple imprisonment for further fifteen days.

(3.) By filing a written ejahar, PW.1, Makhan Shil disclosed that the petitioner in collaboration with another person, namely Biswanath Roy, had collected huge sum from the villagers for registering their names as the unemployed youth on assurance of giving them job. Even though the informant has not paid money to the petitioner, but as a Pradhan of the Anandanagar Gram Panchayet, on receiving the said information, he had filed the complaint dated 16.07.2000, Exbt.4. Based on the said ejahar, East Agartala P.S. Case No.26/2000, under Sections 419/420 of the IPC was registered and taken up for investigation. After the investigation was over, the chargesheet was filed against the petitioner. In due course, the charge was framed under Section 420 read with Section 34 of the IPC, to which, the petitioner pleaded not guilty and claimed to face the trial.