MANOJ KANTI DEB, S/O LATE MUKUL DEB; MANTOSH DEB, S/O LATE MUKUL DEB; SANTOSH DEB, S/O LATE MUKUL DEB; LAXMI DEB, W/O LATE MUKUL DEB ; BHANU PAUL, S/O LATE KHUKA PAUL; BASANTI PAUL, W/O BHANU PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against Judgment and order of conviction and sentence dated 13.03.2009 passed by learned Sessions Judge, North Tripura, Kailashahar in Criminal Appeal No. 18(4) of 2008 whereunder learned Sessions Judge upheld the judgment & order of conviction and sentence dated 11.11.2008 passed by learned Judicial Magistrate, First Class, Kailashahar. North Tripura in Case No. G.R. 141 of 2006. In Case No. G.R. 141 of 2006, in the Court of Judicial Magistrate, First Class, North Tripura, Kailashahar, the accusedpetitioners were charged for commission of offence punishable under Section 325 and 379 read with Section 34 of IPC and after conclusion of trial, learned Judicial Magistrate found them guilty of committing offence punishable under Section 325 read with Section 34 of IPC and sentenced them to suffer simple imprisonment for three years and to pay a fine of Rs. 500/- each in default of payment to suffer S.I. for one month. In appeal, learned Sessions Judge upheld the judgment & order of conviction, but reduced the sentence with a direction that the accused-petitioner shall suffer rigorous imprisonment for two years. Aggrieved, the accused-convict-petitioners preferred the present revisional application.

(2.) Heard learned counsel, Ms. P. Dhar for the petitioners and learned Additional P.P., Mr. R.C. Debnath for the Staterespondent.

(3.) Prosecution case, in short, is that Tapan Deb (P.W. 9) had a cow and he sold the cow to one Bindu Sarkar of his village. After a few days, the said Bindu Sarkar reported him that the cow so sold was missing. After about a week, on 15.05.2006 at about 6/7 a.m., Tapan Deb, P.W. 9 went to the house of accused, Mukul Deb (died in the mean time) to search the missing cow and when he reached the house, Mukul Deb and other inmates of his house namely, Laxmi Deb, Manoj Deb, Mantosh Deb and Santosh Deb attacked him and started physical assault severely. To escape from the assault, he ran out from the house of Mukul Deb and rushed towards the house of his elder brother Uttam Deb and all the accused persons i.e. Mukul Deb and other members of his family chasing behind him. In front of the house of Bhanu Paul, he was restrained by Bhanu Paul and his wife, accused Basanti Paul and all the accused persons dragged him inside the house of Bhanu Paul and started assault on him mercilessly with a piece of branch of trees, fist blows etc. He suffered severe injury and raised cry. Hearing his cry, his elder brother Uttam Deb, P.W. 1 and their neighbour Milan Das (P.W. 2) rushed to the house of Bhanu Paul and rescued Tapan from the hand of the accused persons and thereafter taken him to 82 Miles PHC where he was treated immediately and since the injuries were serious, he was referred to District Hospital (RGM Hospital), Kailashahar where he was treated as an indoor patient for the period from 15.05.2006 to 24.05.2006. He suffered grievous injury due to the assault.