HARADHAN GOPE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revisional application under Section 397 r/w Section 401 of Cr.P.C. is directed against the judgment, dated 25.01.2005, passed by learned Addl. Sessions Judge, West Tripura, Khowai, in Criminal Appeal No.11(3)/2004. By the impugned judgment learned Additional Sessions Judge upheld the judgment & order of conviction and sentence passed by learned Judicial Magistrate, 1st Class, Khowai in case No.G.R.184/2003, whereby and where under the learned SDJM found the accused appellant guilty of committing offence punishable under Sections 279, 338 and 304(A) of I.P.C and sentenced him to suffer SI for 1(one) month under Section 279 of I.P.C. and RI for 3(there) months and to pay a fine of Rs.1,000/- (Rupees one thousand), in default of payment to suffer SI for 1(one) month under Section 338 of I.P.C and again to suffer RI for 1(one) year and to pay a fine of Rs.3,000/- (Rupees three thousand), in default, to suffer SI for 3(three) months under Section 304(A) of I.P.C. All the substantive sentences were directed to run consecutively.

(2.) HEARD learned counsel, Mr. D. Bhatta-charjee for the petitioner and learned Additional Public Prosecutor, Mr. P. Bhatta-charjee, for the State-respondent.

(3.) IN a revisional application this Court is to see the correctness, legality and propriety of a judgment/order, passed by inferior Court and to see the regularity of the proceeding before such Court. The revisional Court is not required to reassess or re-appreciate the evidence on record, which has already been considered by the trial Court and the appellate Court, unless it is shown that the finding of the Court below is perverse or that it is based on no evidence.