MUSARAF HUSSAIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this criminal revision petition, the petitioners has challenged the judgment and order dated 06.07.2017 passed by the learned Addl. Sessions Judge, West Tripura, Sonamura in case number Criminal Appeal 01 of 2017 affirming the judgment and order of conviction and sentence dated 04.03.2017 passed by the learned Sub-Divisional Judicial Magistrate, Sonamura in case number GR 373 of 2012 sentencing each of the petitioners to RI for 2 (two) years and fine of Rs.5,000/- for committing offence punishable under section 365 read with section 34 IPC with default stipulation and RI for 1 (one) year for committing offence punishable under section 324 read with section 34 IPC directing that both the sentences shall run concurrently.

(2.) The prosecution case, briefly stated, is that at around 4 O'clock in the afternoon on 28.07.2012, the petitioners who are father and sons, attacked Sri Narayan Chandra Baidya, a 73 years' old man in their neighbourhood when he was working in a Khas land in his possession and assaulted him. Thereafter, they fastened him with a napkin and started dragging him. On the way, the victim started screaming. Some people of the neighbourhood heard his screams and started coming to his rescue. The petitioners took away the victim to their house and tied him there. Sri Sujit Baidya, the first informant son of the victim, having come to know about the occurrence immediately informed police and rescued his injured father with police assistance. Then he filed a written FIR with the Officer in Charge of Jatrapur police station.

(3.) Based on his FIR, Jatrapur P.S. case No. 65 of 2012 under sections 365 and 324 read with section 34 IPC was registered against the petitioners and investigation was taken up.