SRI PRAVAT GIRI S/O LATE DHANANJOY GIRI OF PORATHAL, RAJNAGAR, P.S. BISHALGARH, DISTRICT-WEST TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal revision petition under Section 482 of Cr.P.C. is directed against the judgment and order dated 11.06.2004, passed by learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No.11 (1) of 2004, whereby the learned Sessions Judge affirmed the judgment and order of conviction and sentence dated 30.12.2003, passed by learned Chief Judicial Magistrate, West Tripura, Agartala, in G.R. case No. 76 of 2002. Learned Chief Judicial Magistrate found the accused -petitioner guilty of committing offence punishable under Section 380 of IPC and sentenced him to suffer RI for one year.

(2.) HEARD learned counsel, Mr. A. Banerjee, appearing for the petitioner, and learned Addl. P.P., Mr. A. Ghosh, appearing for the State respondent.

(3.) LEARNED Addl. P.P., Mr. Ghosh in his usual fairness has frankly submitted that if PWs.4 and 5 are believed there is a case that the accused might have committed the offence but it is a fact that the ingredients of Section 27 of the Evidence Act, regarding leading to discovery is not there.