NIBARAN BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE appellants named above, set the law in motion presenting a Memo. of Appeal, under Section 374 of Cr.P.C. against judgment and order of conviction and sentence dated 30.09.2004, passed by learned Addl. Sessions Judge, Belonia, in case No. ST 14(ST/B) of 2004. Learned Addl. Sessions Judge found the appellants guilty of committing offence punishable under Section 498(A) of IPC and sentenced accused Nibaran Bhowmik to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/ -, in default, to suffer simple imprisonment for two months and also sentenced appellants, Gouranga Bhowmik and Bhanu Bhowmik to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/ - each, in default, to suffer simple imprisonment for two months.

(2.) HEARD learned senior counsel, Mr. S. Deb, assisted by learned counsel, Mr. S. Datta for the appellants and learned P.P., Mr. D. Sarkar, appearing for the State respondent.

(3.) AT the very outset learned senior counsel, Mr. Deb and learned P.P., Mr. Sarkar submitted that the appellant Nibaran Bhowmik died on 22.03.2010 and a death certificate to that effect also placed on record and hence no decision is required in respect of the appeal of accused appellant Nibaran Bhowmik.