IRESH SUKLABAIDYA @ IRESH CHANDRA SUKLABAIDYA, S/O LATE SURESH SUKLABAIDYA; INDRAJIT SUKLABAIDYA, S/O IRESH SUKLABAIDYA @ IRESH CHANDRA SUKLABAIDYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Revision petition is directed against the judgment dated 02.06.2007 passed by the learned Additional Sessions Judge, North Tripura, Kailasahar, whereby he partly allowed the appeal and set aside the conviction of Bijoy Debnath and Rajib Suklabaidya but confirmed the conviction of the present petitioners Iresh Suklabaidya and Indrajit Suklabaidya. He, however, modified the sentence and reduced the sentence to fine only. The petitioners were sentenced to pay a fine of Rs. 500/- each for commission of offence punishable under Section 341 IPC and in default of payment of fine to undergo simple imprisonment for one month and they were also sentenced to pay fine of Rs. 1,000/- each for commission of offence punishable under Section 323 IPC and in default of payment of fine to suffer simple imprisonment for two months.

(2.) Normally this Court is very reluctant to interfere in findings of fact, arrived at by two courts. In revisional jurisdiction finding of facts, arrived at, can only be interfered if they are perverse or it is a case of no evidence. In the present case, the complaint was filed by the wife of the injured person on 21.02.2006 at 1.05 a.m. in which it was stated that on 20.02.2006 at about 8.30 p.m. while her husband was coming back after making purchase from bazaar, the four accused persons had stopped her husband on the road infront of her house. Iresh Suklabaidya had dealt a blow with a wooden lathi on the head of her husband and had hit him on the back. Her husband fell down and then accused no. 2 Indrajit Suklabaidya hit her husband on the back with an iron rod. The other accused persons had restrained her husband and her husband was injured severely and was taken to the hospital. In the FIR it was stated that there were other witnesses but none was named.

(3.) The only allegation was against Iresh Suklabaidya and Indrajit Suklabaidya with regard to beating. While appearing in court this witness gave a totally different version. While appearing as PW-5, this witness stated that she first saw Iresh Suklabaidya assaulting her husband with a lathi and then accused Indrajit Suklabaidya assaulted her husband with an iron rod and, thereafter, Bijoy Debnath assaulted her husband with a shovel and, thereafter, Kripesh Suklabaidya, Manoranjan Suklabaidya and Rajib Suklabaidya also assaulted her husband. This is totally contrary to the complaint which was written at the first instance. The husband, who is the injured, appeared as PW 1 and he also stated that when he reached infront of his house, he was stopped by six persons, who all assaulted him with lathis and iron rods. He also states that when he raised an alarm, the neighbours came and then the accused persons fled away.