SUMAN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition has been filed challenging the judgment dated 30.06.2016 delivered by the Additional Sessions Judge (Court No. 3), West Tripura, Agartala in case No. Criminal Appeal 11 of 2016 affirming the judgment and order dated 14.01.2016 of the learned Judicial Magistrate First Class (Court No.8), West Tripura, Agartala delivered in case No. PRC 362 of 2014 whereby the convict petitioner namely Suman Debnath along with 5 (five) others was convicted and sentenced to pay fine of Rs.400/- each with default stipulation for having committed offence punishable under section 342 of the Indian Penal Code (IPC in short) and further convicted and sentenced to fine of Rs.400/- with default stipulation for offence punishable under section 323 IPC.

(2.) Brief facts of the case are as under:

(3.) Based on his FIR, Sidhai P.S case No. 32 of 2014 under section 325 read with section 34, IPC was registered and the investigation was taken up. During investigation, the investigating officer visited the crime scene on 02.04.2014 and recovered and seized vide seizure list [Exbt.8] a separated branch of tree measuring 2 (two) cubits in length and 3 (three) pieces of bamboo which were allegedly used by the convicts for beating the informant. This apart Maruti Suzuki (Alto K10) vehicle bearing registration No. TR-01A-0469 along with the documents of the vehicle was also seized by the investigating officer vide seizure list [Exbt.10] which was allegedly used by the convicts for transporting the informant from his house to the place of occurrence. The injury report [Exbt.3] was also collected by the investigating officer, hand sketch map [Exbt.7/1] was drawn up and the material witnesses were examined under section 161 Cr.P.C and their statements were also recorded. At the conclusion of trial, he submitted charge sheet No. 21 of 2014 dated 30.05.2014 against the 6 (six) FIR named accused for having committed offence punishable under sections 342, 323 and 506 read with section 34 IPC.