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2010 Supreme(Gau) 914

B.D.AGARWAL
Rakhal Guha – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.C. Bhowmik, Sr. Adv., D.C. Roy, M.R. Datta and M.K. Roy, Advs.
For Respondents/Defendant: P. Bhattacharjee, Addl. P.P.

JUDGMENT

B.D. Agarwal, J.

1. This revision application has been filed under Section 401 read with Section 397 of Code of Criminal Procedure, 1973 assailing the judgment dated 26.06.2003 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Criminal Appeal No. 5 (2) of 2003, affirming the conviction of the Petitioner under Section 304A, 337 and 279 of the IPC, recorded by the learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura in G.R. Case No. 153 of 2000. After affirming the conviction the learned appellate Court has also affirmed the sentence of one year R.I. for the offence under Section 304A and R.I. for three months for the offence under Section 337 of the IPC. However, the sentence of six months' R.I. recorded by the learned trial Court under Section 279 of the IPC was merged with the sentence under Section 304A of the IPC. Both the learned Court below held and directed that the sentences would run concurrently. Being aggrieved with the conviction and sentence recorded by the learned trial Court as well as by the learned appellate Court, the accused has preferred this revision application.

2. Heard Mr. A. C. Bhowmik, learned senior counsel assi











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