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1971 Supreme(Online)(Gau) 5

TRIPURA HIGH COURT
Judge, J
Bibhashini Dutta – Appellant
Versus
Sessions Judge, Tripura – Respondent


Advocates:
For the Appellants/Petitioners: Shri R. Ghosh

1. This Criminal revision by Bibhashini Dutta and Golak Chandra Dutta is directed against the judgment dated 30th of September by which the Sessions Judge, Tripura, rejected the appeal of the petitioners against their conviction under S. 225, Penal Code . Golak Chandra Dutta had, in addition, been sentenced under S. 323, Penal Code . Each of the convicts was sentenced to a fine of Rs. 100 on the charge under S. 225, Penal Code or to suffer one month's rigorous imprisonment. Golak Chandra was fined Rs. 50 under S. 323, Penal Code or in default to suffer 15 days' rigorous imprisonment.

2. The story of the prosecution, in brief was that P. W. 3 Shanti Goswami informed the complainant Pabitra Kumar Das, P. W. 1, her neighbour at Abhoynagar, at about 7.30 p.m. on 16-10-1960, that she heard the sound of some commotion inside his dwelling hut. Pabitra Kumar took a lantern in his hand from the kitchen, where he was then taking meals, and proceeded in the direction of his dwelling hut. When he reached the verandah of that hut, he saw Nitu Dutta, the son of convict Bibhashini Dutta, coming out of the hut with a shirt of his (Pabitra Kumar's) in his hand. On seeing Pabitra Kumar, Nitu Du







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