STATE OF TRIPURA Vs. MD. GIYAS UDDIN

JUDGEMENT

(1.) This appeal under Sec. 378(1)(b) of Cr.P.C. read with Sec. 377 of Cr.P.C. is preferred challenging the order of conviction and sentence dtd. 15/12/2023 delivered by Learned Additional Sessions Judge, North Tripura, Dharmanagar in connection with case No. Crl. Appl. No.07 of 2023. By the said order of conviction and sentence Learned Appellate Court has modified the order of conviction and sentence dtd. 29/8/2023 under Sec. 326/324/34 of IPC delivered by Learned CJM, North Tripura, Dharmanagar in connection with case No.PRC(WP) 19 of 2022 and sentenced the respondent-accused persons to pay a fine of Rs.1000.00 each under Sec. 448 of IPC and also sentenced the respondent-accused persons to pay a fine of Rs.1000.00 each under Sec. 323 of IPC in default to suffer Simple Imprisonment for one month for each offences and thus acquitted the respondent-accused persons from the charge levelled against them under Sec. 324/326 of IPC.

(2.) Heard Learned P.P., Mr. Raju Datta along with Mr. Rajib Saha, Learned Addl. P.P. appearing on behalf of the State-appellant and also heard Learned Counsel Mr. Ratan Datta appearing on behalf of all the respondent-accused persons.

(3.) Taking part in the hearing, Learned P.P. for the appellant first of all drawn the attention of this Court that in this case on the basis of an FIR laid by one Md. Ibrahim Ali, the case was registered under Sec. 447/326/34 of IPC against all the respondent-accused persons and after completion of investigation the IO laid charge sheet against all the respondent-accused persons under Sec. 447/325/34 of IPC and accordingly cognizance of offence was taken and in course of trial Learned Trial Court framed charge against all the accused persons under Sec. 448/326 read with Sec. 34 of IPC and the same was explained to all the respondent- accused persons in bengali to which they pleaded not guilty and claimed to be tried. During trial to substantiate the charge prosecution has adduced in total 6 numbers of witnesses and after closer evidence of the prosecution the respondent-accused persons were examined under Sec. 313(1)(b) of Cr.P.C. when they pleaded innocent and also denied to adduce any witness in support of their defence and finally on conclusion of trial Learned Trial Court found the appellants to be guilty and convicted them under Sec. 326 of IPC to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.20,000.00 each i.d. to suffer rigorous imprisonment for further 3 months and the Learned Trial Court further sentenced all the aforesaid convicts under Sec. 324 of IPC and to suffer rigorous imprisonment for 1 year each and to pay fine of Rs.5000.00 each i.d. to suffer rigorous imprisonment for further one month with a further direction that all the sentences shall run concurrently. After that, the respondent-accused persons as appellants preferred an appeal before the Court of Learned Sessions Judge, North Tripura, Dharmanagar who transferred the case to the Court of Learned Addl. Sessions Judge, North Tripura, Dharmanagar and the Learned Addl. Sessions Judge, North Tripura, Dharmanagar heard the case on merit and vide judgment dtd. 15/12/2023 set aside the sentences imposed by the Learned Trial Court under Sec. 326/324/34 of IPC but modified the sentences and convicted the respondent- accused persons under Sec. 448/323 of IPC.