AMIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgment and order dated 12.05.2005 passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Criminal Appeal no. 7/04, wherein the learned appellate Court was pleased to alter and modify the order of conviction and sentence passed by the learned Judicial Magistrate, first class, Khatra in TR 62T/96 (G.R. Case No. 207 of 95). The learned appellate Court was pleased to alter the conviction from Section 325 of the Indian Penal Code to Section 323 of the Indian Penal Code and retained the conviction so far as Section 448 of the Indian Penal Code is concerned. The learned appellate Court while sentencing the petitioner reduced the sentence to R.I. for 4 months and fine of Rs.400/-, i.d. S.I. for 1 month and the same was imposed for commission of offence under Section 323 of IPC and Section 448 of IPC.

(2.) I have perused the judgment of the learned Judicial Magistrate, first Class, Khatra as also the learned Additional Sessions Judge, 2nd Court, Bankura. I find that both the Courts after appreciation of evidence have properly arrived at the finding, so far as guilt of the accused person is concerned. Accordingly, there is no scope for this Court to interfere with the judgment of conviction arrived at by both the Courts below.

(3.) However, I have taken into account the period for which this case was initiated in the year 1995. I find from the records that the learned Trial Court took about 8 years to complete the trial, thereafter, the learned appellate Court delivered its judgment in the year 2005. This revisional application has been pending before this Court for more than 14 years. Having due regard to the nature of the offence and the mental agony suffered by the petitioner for the last 24 years, I think that the provisions of Section 360 of the Criminal Procedure Code are to be invoked so that the petitioner instead of being sent to prison, may get a scope to amend himself.