PRIYATOSH KAPALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order dated 31.08.2004 passed by the learned Assistant Sessions Judge, Dharmanagar, North Tripura in S.T. 06 (NT/D) of 2004 convicting accused -petitioner under Section 307 I.P.C. and sentencing him to suffer R.I. for 5 years and to pay a fine of Rs. 10,000/ - in default to R.I. for another one year for the aforesaid offence as well as the judgment dated 16.12.2004, passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar in Criminal Appeal No. 11(3) of 2004 affirming the conviction but reducing the sentence, imposed upon the accused -petitioner from five years to three years. He also maintained sentence, in respect of fine, imposed by the Trial Court.

(2.) BEING aggrieved by and dis -satisfied with such judgments, this revision petition has been preferred on the grounds stated in the revision petition itself.

(3.) SINCE the offence under Section 307 I.P.C. is exclusively triable by the Court of Sessions, the same was committed to the Court of Sessions at North Tripura. Learned Addl. Sessions Judge, North Tripura, Dharmanagar transferred the case to the file of Assistant Sessions Judge, North Tripura for disposal. Accordingly, the Assistant Sessions Judge, Dharmanagar, North Tripura framed charge under Section 307 I.P.C. and charge, so framed, on being read over and explained to the accused person, he pleaded not guilty and claimed to be tried.