ABDUL BASAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this revisional application the petitioner has assailed the Judgment and Order dated 21.12.2017 passed by the learned Additional Sessions Judge, 1st Court, Sealdah, South 24 Parganas whereby and whereunder the Criminal Appeal being No. 44 of 2017 was dismissed affirming the order dated 24.7.2017 passed by the learned A.C.J.M. Sealdah in G.R. Case No. 3577 of 2016 arising out of Maniktala P.S. Case No. 372 dated 25.10.2016 thereby directing the petitioner to surrender before the Trial Court within 30 days from the date of the impugned Order to serve out the sentence.

(2.) The learned A.C.J.M. Sealdah was pleased to convict the petitioner for the charges under Sec. 379 I.P.C. and Sec. 411 I.P.C. sentencing him to suffer simple imprisonment for a term of one year for the offence under Sec. 379 I.P.C. and further to suffer simple imprisonment for a term of one year for the offence under Sec. 411 I.P.C. (i.e. a total term of two years) as well to payment of fine to the tune of Rs. 10,000.00 for offence under Sec. 379 I.P.C. and Rs. 10,000.00 for offence under Sec. 411 I.P.C. (i.e. a total fine of Rs. 20,000.00) in default of payment of which he shall be further sentenced to simple imprisonment of six months.

(3.) Grounds, inter alia, taken in this revision are that the learned Appeal Court below has failed to apply his judicial mind in the appraisal of evidence on record in its right perspective and came to a wrong conclusion in passing the impugned Judgment of confirmation of order of the Trial Court.