SUMAN MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal under Section 374 of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 24.05.2010, passed by learned Chief Judicial Magistrate, West Tripura, Agartala, in case No. G.R.314 of 2008. Learned Chief Judicial Magistrate found the accused-appellant guilty of committing offence, punishable under Section 14 of Foreigners' Act,1946 and accordingly convicted and sentenced him to suffer RI for three years and to pay a fine of Rs.30,000/-, in default, to suffer further RI for six months, guilty of committing offence, punishable under Section 468 of IPC, and accordingly, convicted and sentenced him to suffer RI for seven years and to pay a fine of Rs.50,000/-, in default, to suffer RI for one year, guilty of committing offence punishable under Section 471 of IPC and convicted and sentenced him to suffer RI for two years and to pay a fine of Rs.10,000/-, in default, to suffer RI for three months, guilty of committing offence punishable under Section 420 of IPC and sentenced him to suffer RI for one years and to pay a fine of Rs.10,000/-, in default, to suffer RI for three months and also found him guilty of committing offence under Section 17 of Citizenship Act and convicted and sentenced him to suffer RI for one year. Being aggrieved and dissatisfied with the judgment and order of conviction and sentence, the present appeal is preferred on different grounds.

(2.) HEARD learned senior counsel, Mr. A. Ganguly, assisted by learned counsel, Mr. D. Bhattacharjee and learned counsel, Mr. S. Lodh for the appellant, and learned Addl. Public Prosecutor, Mr. A. Ghosh for the State respondent.

(3.) ON the basis of that FIR, West Agartala P.S. case No.77 of 2008, under Sections 468/471/420 of IPC and Section 14 of Foreigners' Act was registered and investigation was taken up. Initially, the investigation was entrusted with SI Swapan Dasgupta of West Agartala P.S. on 16.04.2008, but immediately thereafter, the investigation was entrusted to the CID of Tripura Police and on 19.04.2008, Inspector, Pritish Bhattacharjee took up the investigation of the case and in course of investigation, the I.O. appears to have done a tremendous job and collected all materials of forged documents, made and used by the accused, and ultimately, submitted charge sheet vide No.112 dated 02.09.2008, against the accused, Suman Majumder @ Maman, a Bangladesh National, whose original name was Mafijur Rahaman Maman alias Md. Nazmul Hauque Salim of Mirpore, Bangladesh, for commission of offence under Sections 468/471/420/199/200 of IPC and Section 14 of Foreigners' Act and also Section 17 of the Citizenship Act. Learned Chief Judicial Magistrate, West Tripura, Agartala, had taken cognizance, considering the police report and taken up trial against the accused appellant.