TAPAN MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 08.01.2007 passed by the learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 35(3) of 2006 whereby he dismissed the appeal of the petitioner and upheld the judgment of the Judicial Magistrate, 1st Class, Udaipur, South Tripura convicting the accused of having committed offences punishable under Sections 420 and 392 IPC.

(2.) The accused was sentenced to undergo 6 months R.I. for commission of the offence under Sec. 420 Penal Code and also to pay a fine of Rs.3,000.00 and in default of payment of such fine to undergo further R.I. for 2 months. In respect of the offence under Sec. 392 of the IPC, he was held liable to suffer R.I. for one year and pay a fine of Rs.5,000.00 and in default of payment of fine to undergo further R.I. for 3 months.

(3.) The prosecution story briefly stated is that on 8th June, 2004, the complainant Nagendra Ch. Das filed a complaint with the Officer-in-Charge, Udaipur Police Station in which it was alleged that the complainant had applied for grant of LPG dealership by the Indian Oil Corporation (hereinafter referred to as 'the IOC'). It is further alleged that the accused Tapan Majumder had told the complainant that he was closely known to some MLAs, Ministers etc. and could therefore, arrange for the LPG dealership. According to the complainant, he paid a sum of Rs.85,000.00 to the accused Tapan Majumder to arrange the LPG dealership. Thereafter, on 17th April, 2004, he asked the accused-petitioner Tapan Majumder to visit Guwahati to inquire about the status of his LPG dealership. The accused was permitted to use Maruti Alto car No. TR-03-0707 belonging to the wife of the complainant and this vehicle was being driven by P.W.5 Gautam Deb. According to the complainant, after 3/4 days, he received information on telephone from his driver that the driver was beaten up at Pathar Kandi, Assam and forcibly asked to get down from the vehicle and thereafter, the accused stole the vehicle and went away with this vehicle.