Jiban Majumder And ORS v. The State Of Tripura

Case No :IA. 0000351/2015 Party Name : JIBAN MAJUMDER & ORS Vs THE STATE OF TRIPURA THE HONBLE MR JUSTICE U. B. SAHA THE HONBLE MR. JUSTICE S.TALAPATRA The instant application is filed for suspending the order of sentence dated 28.09.2015 passed by the learned Sessions Judge, Belonia, South Tripura in case No. S.T.54 (ST/B) of 2013 wherein the learned Sessions Judge convicted the appellant petitioners under Section 306 of the IPC and sentenced them to suffer RI for 5 years and also to pay a fine of Rs.20,000/- each in default of payment of fine to suffer further RI for 6 months and also convicted them under Section 498A of the IPC and sentenced them to suffer RI for 2 years and also to pay fine of Rs.5,000/- each in default of payment of fine to suffer further RI for 3 months.

Heard learned counsel appearing for the parties. Mr. PK Biswas, learned senior counsel appearing for the appellant petitioners while urging for suspending the sentence contended that the learned trial Court while convicting the appellant petitioners failed to consider the evidence on record and according to him though no case was made out against them under Section 306 of the IPC but they were convicted and sentenced.

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Mr. RC Debnath, learned Additional Public Prosecutor opposes the prayer for suspension of sentence.

We have gone through the impugned judgment. According to us, this is a fit case where the order of sentence should be suspended.

Accordingly, it is ordered, that the order of sentence dated 28.09.2015 passed in case No. ST 54(ST/B) of 2013, shall remain suspended till the disposal of the connected appeal. The appellant petitioners shall be enlarged on bail on furnishing bail bond of Rs.20,000/- each supporting one surety of the like amount to the satisfaction of the learned trial Court. With the above observation, the interim application is disposed of. Download Date: 8-05-2017 16:05 1/1