GOPAL DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal filed by the convict Appellant under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 31.1.2003 rendered by the learned Addl. Sessions Judge, Kamalpur, North Tripura in connection with Session Trial Case No. ST.6KNT.KMP) of 2002 whereby the Appellant was convicted under Section 354, IPC and sentenced to suffer simple imprisonment of 2(two) years and also convicted under Section 448, IPC and sentenced to suffer simple imprisonment for 6(six) months and again convicted under Section 436, IPC and sentenced to suffer rigorous imprisonment for 5(five) years and also to pay a fine of Rs. 2,000 (Rupees two thousand) only in default to suffer further simple imprisonment for 6(six) months, directing all the sentences to run concurrently.

(2.) The prosecution case is that on 16.10.2002 at about 9.15 hrs., one Pratima Sarkar, lodged an FIR with the Officer in-Charge, Kamalpur Police Station alleging that on 15.10.2002 at night about 11.30 hrs., one Gopal Deb, entered into her dwelling hut forcibly and maltreated her. She raised alarm and some how came out and bolted the door from outside. Gopal remained inside the hut. He set fire on her bedding. The villagers, in the meantime, came and extinguished the fire. Gopal Deb was caught red-handed by the villagers and handed over to S.P.O. Camp. The matter was reported to the Officer in-Charge, Kamalpur Police Station, who received the same and registered a crime being Kamalpur P.S. Case No. 50/2002 under Section 448/354/436, IPC. The I.O. visited the place of occurrence, prepared a hand sketch map with separate index and examined some witnesses. He also seized one half burnt mosquito net and sarees from the house of the complainant by preparing a seizure list. On completion of the investigation, the I.O. laid the charge sheet against the accused Appellant under Sections 448/354/436, IPC.

(3.) The learned SDJM, Kamalpur committed the case to the court of learned Addl, Sessions Judge, Kamalpur as the case is exclusively triable by the Court of Sessions. The learned trial court on the basis of materials made available, framed charges under Sections 448/354/436, IPC against the present accused Appellant, to which he pleaded not guilty and claimed to be tried.