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2016 Supreme(Tri) 408

S.TALAPATRA
Md. Jalil Miah, son of Ali Mia @ Kala Mia – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. R. Dutta, Advocate
For the Respondent: Mr. R.C. Debnath, Addl. PP

JUDGMENT & ORDER (ORAL)

Heard Mr. R. Dutta, learned counsel appearing for the petitioners as well as Mr. R. C. Debnath, learned Addl. PP appearing for the State.

2. This is a petition under Section 397 read with Section 401 of the Cr.P.C. from the judgment dated 22.05.2015 delivered in Criminal Appeal No.19(2) of 2014 by the Sessions Judge, Gomati Judicial District, Udaipur upholding the judgment and order of conviction and sentence passed by the Judicial Magistrate, 1st Class, Amarpur in case No.PRC 35 of 2012. The petitioners have been sentenced to suffer two years RI with fine of Rs.2,000/, in default to suffer SI for 30 days in terms of their conviction under Section 332 of the IPC and RI for one year in terms of their conviction under Section 428 of the IPC. It has been also observed by the trial court that both the sentences shall run concurrently. By the impugned judgment, the appellate court has simply affirmed the said Judgment and order of conviction and sentence.

3. The genesis of the prosecution case is rooted in the written ejahar filed by one Mohan Singh Jamatia, the Officer-in-Charge of Jatanbari Fire Station on 23.02.2012 informing the Officer-in-Charge, Nutanbazar PS















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