PANKAJ BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 15.9.2006 passed by the learned Appellate court in Title Appeal No. 9 (2) of 2006 wherein the learned appellate court affirmed the conviction passed by the learned Sub-divisional Judicial Magistrate, Dharmanagar, North Tripura in GR case No 84 of 2005 convicting the petitioner under Section 468 of the IPC and imposing sentence to suffer R.I. for two years with a fine of Rs.5000/- in default of payment of fine to suffer further R.I. for six months, and modified the sentence from two years to one year R.I. with a fine of Rs. 5000/-, in default of payment of fine to suffer R.I. for six months.

(2.) Heard Mr. Somik Deb, learned counsel for the petitioner as well as Mr. R.C. Debnath, learned Addl. P.P. for the respondent-state.

(3.) The prosecution case in brief is that on 12.3.2005, the petitioner being driver of the truck placed his truck at Dharmanagar FCI godown for carrying sugar on behalf of the carrying contractor. When the said vehicle placed on the weighbridge of the FCI godown before loading of the sugar in the truck, it was detected that the truck of the petitioner was carrying forged number plate etc. Accordingly, the truck was detained and during thorough checking, it was found that the number written on both sides of the body of the truck also tampered by some black grease. On slight removal of the same, the original number became visible. In the number plate, the number of the truck was written as TR-01-A-1566 in place of original no. TR-01-A-1567. The number of the vehicle in the number plate and sides of the vehicle was made as such to cheat the FCI and take away the Government properties like sugar.