DIPAK PAL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Sri S. Kar Bhowmik, learned Counsel for the petitioner and Mr. R. C. Debnath, learned P. P. In-charge appearing for the respondent.

(2.) THE petitioner having been convicted under S. 468, I. P. C. and sentenced to suffer S. I. for 3 years with fine of Rs. 5,000/-, in default to suffer S. I. for further six months and also having been convicted under Section 473, I. P. C. and sentenced to suffer S. I. for three years with a fine of Rs. 5. 000/-, in default, to suffer S. I. for further six months by the learned Sub-Divisional judicial Magistrate, West Tripura, Khowai in G. R. 210 of 1996 preferred an appeal before the learned Addl. Sessions Judge, west Tripura, Khowai, which was registered as Criminal Appeal No. 13 (3)/2002 and dismissed on contest by a Judgment delivered on 12-9-2002. Being dissatisfied with and aggrieved by the Judgment of the Trial Court as well as Appellate Court below, the petitioner has filed the present criminal revision petition for setting aside the aforesaid judgment of conviction and sentence.

(3.) MR. S. Kar Bhowmik, learned Counsel for the petitioner submits that the prosecution failed to prove its case beyond any shadow of reasonable doubt and, as such, the conviction and sentence recorded by the learned Trial Court and affirmed by the learned Appellate Court are liable to be interfered with and set aside by this Court. Further submission of Mr. Kar Bhowmik is that the learned Trial Court being a Magistrate of 1st Class, has no power under the law to pass sentence of S. I. for six years and also, fine of Rs, 10,00. 00, in default, to suffer S. I. for further one year and as such, the said sentence is unauthorized and liable to be quashed.