GOPAL SAHA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. Samarjit Bhattacharji, learned counsel who appears for the petitioner as amicus curiae as none of the counsel engaged by the petitioner appears for consecutive dates. Mr. A. Ghosh, learned P.P. appears for the State.

(2.) THIS petition under Section 397 read with Section 401 of the Cr.P.C has been filed questioning the judgment and order dated 11.07.2011 delivered in Criminal Appeal No. 18(3) of 2010 by the Sessions Judge, South Tripura, Udaipur, now Gomati Judicial District. By that judgment dated 11.07.2011, the appellate court has affirmed the judgment of conviction dated 21.06.2010 delivered in case No. GR 116 of 2008 by the Sub -Divisional Judicial Magistrate, Amarpur, South Tripura under Section 292 of the I.P.C. in terms of the said judgment of conviction, the petitioner was sentenced to suffer one year simple imprisonment with a fine of Rs. 1,000/ -, in default of payment of fine, to suffer further simple imprisonment for 1(one) month. Even though the appellate court did not interfere with the judgment of conviction but modified the sentence by reducing it to one month simple imprisonment and to pay fine of Rs. 1,000/ -, in default of payment of fine to suffer further simple imprisonment for 7(seven) days.

(3.) IN order to substantiate the charge of accusation, the prosecution adduced as many as 5 witnesses including the informant (PW -1) and the investigation officer (PW -5). In addition, the prosecution adduced documentary evidence including the written ejahar, seizure list etc. On recording the prosecution evidence, the petitioner was examined under Section 313 of the Cr.P.C when he reiterated his innocence.