MD FARRUK ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. P.Dhar, learned counsel appearing for the appellant as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the State.

(2.) This is an appeal from the judgment and order dated 06.09.2013 delivered in GR 155 of 2006 by the Chief Judicial Magistrate, North Tripura, Kailasahar convicting the appellant namely Farruk Ali for committing offences punishable under Sections 324, 380, 382 and 411 of the Indian Penal Code. In consequence of the conviction, the appellant has been sentenced to suffer two years rigorous imprisonment under Section 324 of the IPC along with a fine of Rs.5,000/- with default imprisonment, four years rigorous imprisonment under Section 380 of the IPC along with a fine of Rs.1,000/- with default imprisonment, five years rigorous imprisonment under Section 382 of the IPC with a fine of Rs.1,000/- with default imprisonment and one year rigorous imprisonment under Section 411 of the IPC. As it has been directed that sentences are to run consecutively, this appeal for hearing has been placed before this Bench.

(3.) On scrutinizing the evidence, we are satisfied that a gross illegality has been committed in convicting the appellant under Section 380 of the IPC which deals with offence namely theft in the building, tent or vessel which building, tent or vessel is used as a human dwelling or used for the custody of property and the punishment is for seven years with fine. Section 382 of the IPC provides for theft after preparation made for causing death, hurt or restraint in order to commit of the theft. Section 324 of the IPC is for voluntary causing hurt by dangerous weapons or means and the maximum punishment as prescribed is three years with or without fine whereas Section 411 of the IPC stands for dishonestly receiving the stolen property.