LAWS(CAL)-1992-6-35

M. NAVAMANI Vs. STATE

Decided On June 11, 1992
M. Navamani Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present criminal Revisional application Under Ss. 401 and 482 of the Code of Criminal Procedure is directed against the judgment and order passed by the learned Sessions Judge of South 24 -Parganas is Criminal Appeal No. 24 of 1988 of his file. By the impugned judgment and order the learned Judge upheld the order of conviction and sentence of the Petitioner M. Navamani Under Sec. 409 of the Indian Penal Code passed by Mr. R. Mukhopadhyay, Chief Judicial Magistrate of Andaman at Port Blair on February 29, 1988 in T.R. Case No. 990/1989 arising out of G.R. case No. 610 of 1975.

(2.) The board facts upon which the Petitioner was prosecuted in the Court of the learned Chief Judicial Magistrate may be briefly summarised as follows:

(3.) After investigation Police submitted charge -sheet against the accused Petitioner. He was tried on charges under Ss. 465 and 409 of the Indian Penal Code by Mr. H. Banerjee, Chief Judicial Magistrate of Andamans. This learned Chief Judicial Magistrate by his judgment and order dated December 16, 1985, found the Petitioner not guilty Under Sec. 465, Indian Penal Code, and acquitted him of that charge. The learned Magistrate, however, found the accused Petitioner guilty Under Sec. 409 of the Indian Penal Code and sentenced him to rigorous imprisonment for four years and to pay a fine of Rs. 30,000, in default to R.I. for one year.