SATYAJIT ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE present revision petitioner, namely, Shri Satyajit Roy, was tried and convicted by the learned Chief Judicial Magistrate, West Tripura, Agartala under Sections 409/34 IPC and also under Sections 201/34 IPC and sentenced along with two others to suffer S. I. for two years and S. I. for one year respectively on further direction that both the sentence would run consecutively vide judgment dated 1. 11. 2004 passed in G. R. Case No. 1503 of 1990. Aggrieved by, he carried an appeal being Criminal Appeal No. 71 (4)/2004 against the said judgment and order to the learned Addl. Sessions Judge, West Tripura, Agartala, but the appeal was unsuccessful. Hence, the instant revision petition.

(2.) THE facts giving rise to the prosecution have been set forth in detail in the judgment of the appellate Court. Hence, it is not necessary to reiterate the detailed facts. However, short facts of the prosecution case are stated hereunder: On 6. 11. 1990, an FIR was lodged by Sri Bibhuti Bhusan Laskar, the then Bank Manager of Tripura Gramin Bank, Agartala Branch, (P. W. 1) for alleged defalcation of Rs. 2,00,000/- by withdrawal with Cheque No. 438085 on 10. 6. 1986 from the current Deposit A/c No. 2671 being maintained with United Bank of India, Agartala Branch. On the basis of the said information, West Agartala P. S. registered a Case No. 5 (11)/90 under Sections 468/471/409/201 IPC. Accordingly, investigation was made and on transfer, the case was finally investigated by the CID of Police. Charge sheet was submitted against the accused persons, namely, (1) Nitya Gopal Roy, the then regular Branch Manager, (2) Kanulal Das, the then In-charge Branch Manager and (3) Satyajit Roy, the clerk of Tripura Gramin Bank, Agartala Branch, the petitioner herein. The G. R. Case No. 1503/90 arisen out of the said charge sheet ended in acquittal of all the three accused persons after full trial by the Chief Judicial Magistrate vide judgment dated 18. 10. 1993.

(3.) THE retrial was based on earlier charge as framed against all the three accused persons under Sections 409/201/34 IPC. The prosecution examined as many as eight witnesses and also relied on some documents. At the conclusion of the trial, the learned trial Court convicted the petitioner along with other accused to suffer S. I. for 2 years for commission of offence punishable under Section 409/34 IPC and also convicted to suffer S. I. of one year for commission of offence punishable under Section 201/34 IPC.