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Sri Swapan Paul v. State of Tripura

Criminal Trial — Sentence — Superior officer also accused in same offence — Relevance — Appellant was a subordinate policeman, who was working under the Sub-Inspector and under his direction the appellant was also involved in the offence — Held, imposition of little less sentence upon the appellant would serve the purpose — Consequently, sentence of the appellant reduced to one year and further, direction that all the sentences shall run concurrently

(Anil R. Dave and Adarsh Kumar Goel, JJ.)

 

Sri Swapan Paul _________ Appellant(s)

 

v.

 

State of Tripura __________ Respondent(s)

 

Criminal Appeal No. 1320 of 2015, decided on October 5, 2015

[Arising out of SLP (Crl.) No. 8229 of 2015]

 

The Judgement of the court was delivered by

Anil R. Dave, J.:—

 

1. Leave granted.

 

2. Heard the learned counsel for the parties. Looking at the evidence and the concurrent findings of fact, we do not find that this is a case where the conviction can be set aside.

 

3. We have noted the fact that the appellant was a Constable, working under a Sub-Inspector of Police, and the said Sub-Inspector was also involved in the same offence.

 

4. Looking at the facts of the case and more particularly, in view of the fact that the appellant was a subordinate policeman, who was working under the Sub-Inspector and under his direction the appellant was also involved in the offence, we are of the view that imposition of little less sentence upon the appellant would serve the purpose.

 

5. In view of the above, we reduce the sentence of the appellant to one year and also direct that all the sentences shall run concurrently and not consecutively. The appeal is allowed with the above modification in the judgment.

 

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