SWADESH CHOWDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 19.11.2019 delivered by the Sessions Judge, West Tripura, Agartala in Criminal Appeal No.36 of 2016 affirming the judgment and order of conviction and sentence dated 16.03.2016 passed by the Judicial Magistrate, First Class (Court No.1), Agartala in case No. PRC 80/2013 whereby the petitioner was found guilty of offence punishable under Sections 341 and 325 IPC and he was convicted to SI for one month and fine of Rs.500/- under Section 341 IPC and S.I for one year and fine of Rs.4,000/- with default stipulation for having committed offence punishable under Section 325 IPC.

(2.) The genesis of the prosecution case is rooted in the FIR which was lodged by Smt. Chabi Das(PW-1), wife of Narayan Das of Sidhai at Sidhai police station on 28.01.2013 alleging, inter allia, that on 26.01.2013 at about 7 'O' clock in the night the petitioner had a hot altercation with her husband at Office Tilla Bazar. At the intervention of local people the petitioner left the place but when her husband arrived near the house of the petitioner for returning home, petitioner attacked him with a wooden stick (lathi) and gave a blow on his head. Having received bleeding injury, her husband collapsed on earth. Following his cry, the neighbouring people appeared and shifted her husband to Mohanpur hospital from where he was referred to AGMC and GBP Hospital at Agartala. She stated in her FIR that filing of the FIR was delayed because she was busy in arranging the treatment of her husband.

(3.) Based on her FIR, Sidhai PS case No.8 of 2013 under Sections 341 and 325, IPC was registered and the case was endorsed to S.I, Dhanesh Ch. Das(PW-8) for investigation.