BULBUL PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order dated 22.11.2005 passed by the learned Addl. Sessions Judge, Belonia, South Tripura, in case No. Criminal Appeal No. 12(4)/2004 where-under learned Addl. Sessions Judge affirmed the judgment and order of conviction and sentence, dated 06.09.2005, passed by learned Judicial Magistrate 1st Class, Belonia, in Case No. GR 149 of 2002, under Sections 324 and 447 of IPC. Prosecution case, in short, is that on 03.08.2002 at about 9/9-30 p.m., the accused petitioners Bulbul Paul, Dulal Paul and Rupan Paul along with other F.I.R. named accused persons and some others armed with 'lathi', 'dao', iron rod etc. trespassed in the house of Sunil Biswas (P.W. 2) and enquired about Dilip Debnath, the informant (P.W. 1). When Dilip Debnath came out of the hut, they all on a sudden attacked Dilip Debnath and started to inflict blows with 'lathi' on him and on his cry, Asish Majumder and Jayanta Biswas went there and the accused persons assaulted them also with 'dao', 'lathi' etc. causing bleeding injuries. The wife and mother-in-law of Dilip Debnath also went to the spot and they were also assaulted. It was also alleged that the accused persons stolen away golden ornaments from the neck of the informant i.e. Dilip Debnath.

(2.) In course of trial, learned Judicial Magistrate 1st Class examined the accused persons under Section 251 of Cr.P.C. for commission of offence punishable under Sections 324 and 447 of IPC read with Section 34 of IPC to which they pleaded not guilty and claimed to be tried.

(3.) Prosecution examined 12 witnesses to prove the charge. Prosecution witnesses were cross examined on behalf of the accused persons and after closure of the prosecution evidence, accused persons were examined under Section 313, Cr.P.C. and in their turn they declined to adduce any defence evidence. Defence case was nothing but a denial of the prosecution case.