KANU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order dated 18.08.2004 passed by learned Additional Sessions Judge, Khowai, in Criminal Appeal No. 23(4)2002 whereby and where-under the learned Additional Sessions Judge affirmed the judgment and order of conviction and sentence dated 08.10.2002 passed by learned SDJM, Khowai in case No. GR 177 of 1996.

(2.) Learned SDJM found the appellant-petitioners guilty of committing offence punishable under Sections 447 & 323 of IPC and sentenced them to suffer S.I. for 1(one) year 3(three) months and to pay a fine of Rs.1500/- in default of payment of fine money each of them is to suffer S.I. for 3 months. The learned Additional Sessions Judge, Khowai, while affirming the conviction reduced the sentence to the extent that they shall suffer R.I. for 3(three) months under Section 447 of IPC and shall suffer R.I. for 1(one) year and to pay a fine of Rs.1000/- each in default of payment to suffer S.I. for 3(three) months under Section 323 of IPC and that the sentences shall run concurrently.

(3.) It is submitted by learned counsel, Mr. A. Bhowmik that learned SDJM as well as learned Additional Sessions Judge, Khowai, committed serious error in appreciating the evidence and arrived at a wrong finding. He has also submitted that the learned SDJM would give the benefit of Section 360 of Cr.P.C. or the Probation of Offenders' Act to the appellant-petitioners but no finding was recorded to that effect. He has also pointed out that no hearing was given to the petitioners on the question of sentence and therefore, their right to be heard on being found guilty, has been curtailed.