Kejorimog Chowdhury vs State of Tripura

By the judgment and order, dated 14.2.2008, passed in G.R. Case No. 144 of 2006, learned SubDivisional Judicial Magistrate, Belonia, South Tripura, convicted the present petitioner under section 447/323/ 506 of the IPC. Aggrieved by his conviction and the sentences passed against him, the petitioner preferred an appeal which gave rise to Criminal Appeal No. 3(1)/2008, and by the judgment and order, dated 20.3.2008, learned Addl. Sessions Judge, Belonia, South Tripura, partly allowed the appeal by setting aside the conviction of the petitioner herein under section 506 of the IPC. The learned appellate court has, however, upheld the conviction of the petitioner under sections 447 and 323, IPC and sentenced him to suffer, for his conviction under section 447, IPC, one month Simple Imprisonment and also to suffer, for his conviction under section 323, IPC, Simple Imprisonment for a period of one month with fine of Rs. 1,000 and, in default of payment of fine, to undergo Simple Imprisonment for a period on one month with further direction that the sentences passed against the accusedpetitioner shall run concurrently, still dissatisfied the petitioner made this application, under section 482, Cr.PC seeking to set aside the order of conviction and sentences passed against him as indicated herein above.

Before proceeding further, it may also be mentioned here that Chaisafru Mog was the informant in G.R. Case No. 144 of 2006 aforementioned, the informant being brotherinlaw of the accusedpetitioner. After filing of this revision petition a compromise petition has been initiated between the widow of the informant, on the one hand, and the accusedpetitioner, on the other because all of them belong to the same family and have decided to live peacefully in future. In terms of the compromise reached, an application, under section 320, Cr.PC has been filed which has given rise of Cri. MA 105 of 2008.

Heard Mr. A.C. Bhowmik, learned counsel for the petitioner. Also Mr. K. Roy, learned counsel for the widow of the informant and Mr. R.C. Debnath, learned Special P.P. for the State respondent.

Considering the matter in its entirety and in the interest of justice, the prayer for composition of offences as made by the accusedpetitioner and the informant is hereby allowed.

The impugned order, dated 20.3.2008, aforementioned, whereby the accusedpetitioner, namely, Kijori Mog Choudhury stands convicted under section 447 and 323 of the IPC is hereby set aside and he is acquitted of the said offences on the basis of composition of the offences as mentioned hereinbefore.

This Criminal Rev. Petition stands disposed of in terms of the above observations and directions.