MAHARAM ALI Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Sengupta, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned P.P. appearing for the State.

(2.) By means of this petition filed under Sec. 397 read with read with Sec. 401 of the Cr.P.C., the legality of the judgment dated 22.11.2013 delivered in Criminal Appeal No. 28(3) of 2013 by the Sessions Judge, South Tripura, Udaipur, now Gomati Judicial District has been called in question. By the said judgment dated 22.11.2013, hereinafter referred to as the impugned judgment, the judgment dated 22.06.2013 as returned by the Chief Judicial Magistrate, South Tripura, Udaipur, hereinafter referred to as the trial court, in case No. GR 50 of 2011 has been upheld with some modification in the order of sentence. The trial court convicted the petitioner under Ss. 279/337 of the I.P.C. and sentenced him to suffer rigorous imprisonment for 2 (two) months with a fine of Rs. 1,000/ - (Rupees One thousand) for commission of the offence punishable under Sec. 279 of the I.P.C, in default of payment of fine, to suffer further rigorous imprisonment for a period of 15 (fifteen) days. The petitioner was further sentenced to suffer rigorous imprisonment for a period of 2 (two) months and to pay a fine of Rs. 500/ - (Rupees Five hundred) for the offence punishable under Sec. 337 of the I.P.C and in default of payment of fine, to suffer further rigorous imprisonment for a period of 7 (seven) days. It was directed that the sentences shall run concurrently.

(3.) By the impugned judgment, the appellate court has modified the sentence as under: