S.TALAPATRA
Abul Kashem, son of Abdul Mazid – Appellant
Versus
State of Tripura – Respondent
Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. R.C. Debnath, learned Addl. PP appearing for the State.
2. This revision petition under Section 397(1) read with Section 401 of the Cr.P.C. is directed against the judgment and order dated 06.02.2014, delivered in Criminal Appeal No.03 (03) of 2013 by the Additional Sessions Judge, West Tripura, Sonamura whereby the Addl. Sessions Judge has affirmed the judgment and order of conviction and sentence dated 26.06.2013 passed by the Sub-Divisional Judicial Magistrate, Sonamura, West Tripura in GR Case No.386 of 2012 convicting the petitioner for committing offence punishable under Section 353 of the IPC and sentencing him to suffer one year RI with fine of Rs.1,000/-, with default imprisonment. Again the petitioner has been sentenced to suffer RI for one year and to pay a fine of Rs.1,000/- with default imprisonment under Section 332 of the IPC pursuant to the conviction under Section 332 of the IPC.
3. In this regard, it is to be noted here that the first appellate court has made modification in the mode of execution.
“But, I find that learned court below while sentencing the accused both under Sect
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