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2012 Supreme(Gau) 709
IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
Subhasis Talapatra, J.
Amita Ghosh – Appellants
Vs.
State of Tripura – Respondent
Criminal Revision Petition No. 104 of 2004
Decided On: 08.06.2012
For Appellant/Petitioner/Plaintiff: Mr. B.N. Majumder, Amicus Curiae
For Respondents/Defendant: Mr. R.C. Debnath, Special PP.
Headnote:
Criminal Procedure Code, 1973 - Section 397 read with Section 401 - Indian Penal Code,1860 - Section 379 - Amicus Curiae - Cross-examination - On receipt of charge-sheet case was transferred to the Court of the learned Judicial Magistrate West Tripura for disposal in accordance with law - Proceeding against said was adjourned sine die as his attendance could not be procured by the Court - Accused persons pleaded not guilty against charge and claimed to be tried - After appreciation of evidence learned trial Court held that petitioner - This Court instead of remanding case for fresh consideration on sentence by learned trial Court on taking all relevant considerations is of view that it would be proper and just to exercise the powers as conferred under Section 360(4) of Criminal Procedure Code and to pass an appropriate order on consideration of all relevant factors as indicated and in interest of justice - Held, This Court instead of remanding case for fresh consideration on sentence by learned trial Court on taking all relevant considerations is of view that it would be proper and just to exercise powers as conferred under Section 360(4) of Criminal Procedure Code and to pass an appropriate order on consideration of all relevant factors as indicated and in interest of justice - It is directed that convict petitioner instead of being imposed of any term of imprisonment be released on probation of good conduct under Section 4 of Probation of Offenders Act – Accordingly convict is to be released on his entering into a bond of good behaviour and peace for a period of one year with two sureties one of them must be a Government employee having permanent residence to satisfaction of Judicial Officer Court West or of any other Court as would be directed Chief Judicial Magistrate West Tripura and he shall remain under supervision of designated probation officer for West District during that period - Petition stands disposed of
Subhasis Talapatra, J.
1. Heard Mr. B.N. Majumder, learned Amicus Curiae, appearing for the petitioner as well as Mr. R.C. Debnath, learned Special PP appearing for the State-respondent. By this petition filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (Cr. P.C. in short), the judgment and order dated 03.08.2004 passed by the learned Sessions Judge, West Tripura, Agartala in Crl. Appeal No. 8(1) of 2004 has been challenged.
2. The judgment and order dated 16.12.2003 passed by the learned Judicial Magistrate, 1st Class, Agartala, West Tripura in GR Case No. 318 of 2002 was questioned in the appeal as filed by the convict herein in the Court of Sessions Judge and the said appeal was dismissed on affirming the finding of conviction under Section 379, IPC.
3. For appreciation, the Prosecution case, bereft of unnecessary details be noticed as under:-
813 pieces of 80 mm dia GI pipes were stored inside the Microwave Station, Lichubagan by the BSNL and on 04.05.2002 during the periodical verification it was detected that 286 Nos. of GI pipes were missing from the premises of the Microwave Station. One K. K. Roy, the Divisional Engineer of the BSNL informed the occurrence in writing to the Officer-in-Charge, East Agartala PS and on the basis of that complaint East Agartala PS Case No.85 of 2002 under Section 379 of the Indian Penal Code (IPC in short) was registered.
4. In the course of investigation, the police recovered some of the stolen pipes and after completion of the investigation charge-sheet was filed against six accused persons, namely, (1) Ranjit Gope, (2) Puran Ghosh, (3) Samir Ghosh, (4) Khokan Debnath, and (5) Manik Debnath under Section 379 of the IPC showing Ranjit Gope as the absconder.
5. On receipt of the charge-sheet, the case was transferred to the Court of the learned Judicial Magistrate, 1st Class, Agartala, West Tripura for disposal in accordance with law. The proceeding against said Ranjit Gope was adjourned sine die as his attendance could not be procured by the Court. Thereafter, the charge was framed on the basis of the materials available on the records under Section 379 of the IPC against the accused persons for commission of offence punishable under Section 379 of the IPC along with an additional charge against the convict herein for commission of offence punishable under Section 411 of the IPC on his surrender. The accused persons pleaded not guilty against the charge and claimed to be tried.
6. To bring home the charge the Prosecution examined as many as 7 witnesses. On the other hand, no witness was adduced by the defence but from the statement as recorded under Section 313 of the Cr. P.C. and from the trend as reflected in the cross-examination, it would appear that the defence case was of the total denial.
7. After appreciation of the evidence, learned trial Court held that the petitioner, Puranlal Gope and Sadhu Gope were guilty of commission of offence punishable under Section 379 of the IPC. In addition thereto the present accused person was found guilty for commission of offence punishable under Section 411 of the IPC. Accordingly, all the accused persons, namely, Ranjit Gope (the convict herein), Puran Lal Gope and Sadhu Gope were sentenced to suffer rigorous imprisonment (RI) for six months for commission of offence punishable under Section 379 of the IPC. The learned Judicial Magistrate also sentenced Ranjit Gope to suffer three months' RI for commission of offence under Section 411 of the IPC. However, the learned trial Court acquitted the other two accused persons, namely, Manik Debnath and Khokan Debnath from the charge and against the judgment and order dated 16.12.2003 though the appeal was filed by the convict herein and others, but on re-appreciation of the evidence, learned appellate Court i.e. the Court of Sessions, West Tripura, Agartala affirmed the judgment and order of sentence dated 16.12.2003.
8. Mr. Nandi Majumder, learned counsel for the petit
