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2025 Supreme(Online)(Gau) 8307

TRIPURA HIGH COURT
BISWAJIT PALIT, J
State – Appellant
Versus
Md. Giyas Uddin, Md. Rasel Uddin, Mst. Parbin Neecha, Mst. Kabutar Neecha – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Raju Datta, Mr. Rajib Saha
For the Respondents: Mr. Ratan Datta

Table of Content
1. evidence inadequacies in prosecution case. (Para 1 , 6 , 7)
2. arguments presented by both parties. (Para 3 , 4 , 5)
3. court's observations on evidence weaknesses. (Para 13 , 14)
4. ratio on sentencing proportionality. (Para 15 , 20)
5. adjusted sentence for adequate punishment. (Para 22 , 23)

1. This appeal under S.378(1)(b) of CrPC read with S.377 of CrPC is preferred challenging the order of conviction and sentence dated 15.12.2023 delivered by Learned Additional Sessions Judge, North Tripura, Dharmanagar in connection with case No. Crl. Appl. No.07 of 2023. By the said order of conviction and sentence Learned Appellate Court has modified the order of conviction and sentence dated 29.08.2023 under S.326/324/34 of IPC delivered by Learned CJM, North Tripura, Dharmanagar in connection with case No.PRC(WP) 19 of 2022 and sentenced the respondent - accused persons to pay a fine of Rs.1000/- each under S.448 of IPC and also sentenced the respondent - accused persons to pay a fine of Rs.1000/- each under S.323 of IPC in default to suffer Simple Imprisonment for one month for each offences and thus acquitted the respondent - accused persons from the charge levelled again




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