PARITOSH DAS, WEST TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS Revision petition is directed against the judgment dated

(2.) 06.2005 delivered by the learned Session Judge, West Tripura, Agartala in Criminal Appeal No. 40(4) of 2003, whereby he dismissed the appeal of the present petitioners and upheld the judgment dated 20.09.2003 passed by the learned Additional Chief Judicial Magistrate, West Tripura, Agartala in G.R. Case No. 691 of 1999, whereby the petitioners were convicted of having committed an offence punishable under Section 379 IPC and sentenced to undergo rigorous imprisonment for one year for the commission of the said offence. 2. The prosecution story in brief is that on 24.09.1999 the accused persons stole one red coloured ox belonging to the informant Sri Adhir Rudra Paul, PW 9 and when they were taking the ox through the Adarini Tea Estate they were accosted by certain villagers who asked them from where they have got the ox and they could not give satisfactory reply. The villagers then took the ox and the accused persons to the Damdamia market. At this market the owner of the ox appeared and, thereafter, the matter was reported to the police. Thereafter FIR was lodged and the accused persons were convicted after trial. Their appeal was also dismissed.

(3.) I have heard Sri HK Bhowmik, learned counsel for the petitioners and Mr. RC Debnath, learned PP appearing for the State. I have also gone through the evidence on record.