GAYA PRASAD SHIL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Sekhar Dutta, learned counsel appearing for the petitioner as well as Mr. R.C. Debnath, learned Addl. Public Prosecutor appearing for the state.

(2.) By means of this revision petition under Sec. 397 read with Sec. 401 of the Cr.P.C. the judgment and order dated 18.09.2013 delivered in Criminal Appeal No. 13(2)/2012 by the Sessions Judge, South Tripura, Udaipur, has been called in question. By the said judgment, the Sessions Judge, South Tripura, Udaipur, hereinafter referred to as the 'appellate court', has interfered with the judgment of conviction and order of sentence dated 31.03.2012 passed by the Assistant Sessions Judge, South Tripura, Udaipur, hereinafter referred to as the 'trial court', in case No. S.T.40(ST/U)/2011. By the said judgment dated 31.03.2012 as passed by the trial court, the petitioner was convicted under Ss. 447/379/511/333/325 of the IPC and Sec. 11(a) of the Prevention of Cruelty to Animals Act, 1960. Consequently, the petitioner was sentenced to suffer simple imprisonment for one month under Sec. 447 of the IPC, simple imprisonment for one year under Ss. 379/511 of the IPC, simple imprisonment for three years and fine of Rs. 1,000, in default to suffer simple imprisonment for one month more under Sec. 333 of the IPC and simple imprisonment for three years and fine of Rs. 1,000, in default to suffer simple imprisonment for one month more under Sec. 325 of the IPC. The petitioner was also sentenced to fine of Rs. 10, in default to simple imprisonment for one day under Sec. 11(a) of the Prevention of Cruelty to Animals Act, 1960.

(3.) When the judgment of conviction dated 31.03.2012 was challenged in the appeal filed by the petitioner under Sec. 374(3) of the Cr.P.C., being Criminal Appeal No. 13(2)/2012, the appellate court acquitted the petitioner from the charges as stated except under Sec. 325 of the IPC. Being aggrieved by the judgment dated 18.09.2013 delivered by the appellate court in Criminal Appeal No. 13(2)/2012, this petition has been filed.