HARU ROY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant challenged the judgment and order of conviction dated 18.12.2012 and 19.12.2012 in S.C. No. 356 of 2010 passed by the learned Additional Sessions Judge (newly created) Cooch Behar.

(2.) According to the appellant, the learned Trial Court convicted him without appreciating the evidence and without adhering to the procedural laws. The appellant further submits that no charge was framed under Section 306 of I.P.C., yet punishment has been recorded against him under Section 306 of I.P.C.

(3.) Learned Counsel appearing on behalf of the prosecution has tried to establish other side of the matter, contending, inter alia, that the learned Trial Court unlawfully exercised its discretion under Section 4 of Probation of Offenders Act, 1958. According to him, in such a case, such discretion ought not to have been given.