SRI BIKASH DEB Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 and 401 of Cr.P.C. is directed against the judgment and order dated 05.01.2012 passed by learned Sessions Judge, North Tripura, Kailashahar in Criminal Appeal No.15(4)/2011, whereunder the judgment and order of conviction and sentence dated 03.11.2011 passed by learned Judicial Magistrate 1st Class, Kailashahar, North Tripura in Case No. G.R. 327 of 2010 has been affirmed.

(2.) Heard learned counsel, Mr. P. Majumder for the accused/convict -petitioner and learned Additional P.P., Mr. R.C. Debnath for the State -respondent.

(3.) Prosecution case is that the accused -petitioner, Bikash Deb, giving an assurance to provide job in a Paper Mill, in the State of Assam, took money from the witnesses, i.e., Rs.7,500/ - from PW1, i.e., the informant, Rs.8,500/ - from PW2, Rs.5,000/ - from PW3 and Rs.7,000/ - from PW4. The payment was made on 20.03.2010 in the house of the informant, PW1, Sri Brajeswar Sen in presence of PWs 5 and 6. The accused demanded Rs.11,000/ - per head for providing job and the part payment by those witnesses were made with the assurance that the rest amount will be paid later on. Subsequently, the accused disappeared and neither provided job nor returned the money. Thereafter, PW1, Brajeswar Sen, lodged FIR on 26.08.2010 and it was registered under Section 420 of IPC, i.e., Kumarghat P.S. Case No.67/2010. Investigation was done and charge sheet was submitted against the accused. In due course learned Judicial Magistrate Ist Class, Kailashahar framed charge against the accused for commission of offence punishable under Section 420 of IPC and the accused pleaded not guilty to the charge.