SONA MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, for short Cr.P.C., is directed against the judgment and order dated 16.12.2004 as passed in Criminal Appeal No.10(3)/2004 by the learned Addl. Sessions Judge, North Tripura, Dharmanagar.

(2.) Mr. C.S. Sinha, learned counsel appearing for the petitioners namely (1) Md. Sona Miah and (2) Md. Nanu Miah, contended that both the trial court and the appellate court below had committed a serious infraction of law which cannot go unnoticed for justice. He very candidly submitted that the petitioners will not base their submission before this court on any other grounds as recited in the revision petition except that the learned trial court as well as the appellate court had failed to discharge their duties by not considering for probation of the petitioners under Section 360 of Cr.P.C.

(3.) Mr. P. Bhattacharjee, learned Addl. Public Prosecutor, after scrutiny of the judgment and order dated 31.07.2004 as passed by the trial court in G.R. No.204/2002, submitted that the trial court had considered whether the petitioners are entitled to get any benefit under the Probation of Offenders Act or under Section 360 of Cr.P.C. The trial court, on such purported consideration held that there was no scope to release the petitioners on probation as he found that there was a common object to assault and injure the victim, Mamin Miah.