RAKESH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Datta, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, Addl. P.P. appearing for the state.

(2.) At the outset, Mr. Datta, learned counsel has submitted that the appellant is now not inclined to question the judgment of conviction even though some grounds have been taken in the memorandum of appeal. The amount of fine as given in the sentence, according to the appellant, is too exorbitant and beyond all capacities of the family of the appellant. Having regard to the said economic background of the appellant, Mr. Datta, learned counsel has urged this court to consider the reduction of the amount of fine as enforced by the order dtd. 20/11/2015 [it appears that the date of order has not been typed correctly) along with the rigorous imprisonment of 1 (one) year for commission of offence punishable under Sec. 304 of the IPC. There is no dispute that the said sentence has been ordered in pursuance to the conviction returned by the judgment dtd. 4/12/2015 delivered in ST 67 (ST/B) of 2013 by the Sessions Judge, South Tripura, Belonia. For purpose of reference, the relevant part of the sentence as recorded in Para-22 of the judgment and order dtd. 4/12/2018 is reproduced hereunder:

(3.) Mr. A. Roy Barman, learned Addl. PP has not opposed such prayer considering the poor financial background of the accused person and the nature of the offence he has committed.