DIPAK CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. S. Lodh learned counsel appearing for the petitioners also heard Mr. A. Ghosh, learned Additional Public Prosecutor for the respondents.

(2.) AT the request of the learned counsels for the parties and considering the nature of the case, the same is taken up for final hearing and disposal.

(3.) THIS is an application u/s. 482 of the code of Criminal Procedure (for short "cr. P. C.) for quashing and setting aside the judgment and order dated 22-7-2008 passed by the learned Additional Sessions Judge, north Tripura, Dharmanagar imposing punishment of simple imprisonment for 2 (two)years with a fine of Rs. 3,000/- (three thousand), in default to suffer simple imprisonment for 3 (three) months in criminal Appeal No. 12 (2)/2008 thereby modifying the judgment and order dated 11-3-2008 passed by the learned Judicial Magistrate, dharmanagar, North Tripura in G. R. Case no. 373 of 2007 convicting the petitioner No. 1 Shri Dipak Choudhury under Section 498-A of the Indian Penal Code (for short "ipc")and sentencing him to undergo Simple Imprisonment for 3 (three) years and to pay a fine of Rs. 5000/- (five thousand), in default to suffer Simple Imprisonment for 6 (six)months.