SARANTA TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. H. Debnath, learned counsel appearing for the convict-appellant. Also heard Mr. P. Bhattacharjee, learned Public Prosecutor appearing for the State-respondent.

(2.) The appellant was convicted under section 304 Part II of Penal Code and sentenced to suffer RI for four years and to pay fine of Rs. 5,000 in default to suffer SI for six months vide judgment and order dated 28.3.2008 rendered by the learned Addl Sessions Judge, South Tripura, Belonia in ST 55(ST/B) of 2007. This appeal is filed under section 374 (2) of the Cr PC, 1973 challenging the aforesaid judgment and order of conviction and sentence.

(3.) At the very outset, Mr. Debnath, learned counsel for the convict-appellant submits that he would not challenge the legality or correctness of the impugned judgment and order dated 28.3.2008 convicting and sentencing the appellant. He would pray before this Court that the sentence may be reduced to a period already undergone by the convict-appellant. According to him, the convict-appellant has already served a period of three years two months in jail. He also submits that the convict-appellant belongs to a poor tribal community and he is not in a position to pay the fine amount and he may be exempted from payment of the aforesaid amount of Rs. 5,000.