JAHAR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant revision petition is filed by the convict Sri Jahar Das under Section 397 read with Section 401 of the Cr.P.C for modifying the impugned order of judgment dated 25.09.2006 passed in Criminal Appeal No. 5(1)/2006 by the learned Addl. Sessions Judge, West Tripura, Agartala convicting the petitioner for commission of offence under Section 323 IPC but modifying the sentence to suffer RI for six months instead of RI for one year and also affirming the order of sentence as ordered by the learned CJM, West Tripura, Agartala in GR 259/2003. Both the sentences were ordered to run concurrently.

(2.) Heard Mr. S Chakraborty, learned counsel for the petitioner as well as Mr. RC Debnath, learned Addl. PP for the State.

(3.) The prosecution case, in short, is that one Sri Adhir Ch. Saha, son of Lt. Suklal Saha lodged a written complaint on 02.03.2003 with the officer in charge of the Sidhai Police Station stating, inter alia, that on 01.03.2003 at about 04.30 p.m., about 40/50 CPI(M) supporters armed with lathi and rod came in front of the grocery shop of the informant at Rangutia by two numbers of commander jeep bearing No. TR 01 2948 and TR 01 2549 and suddenly entered into the shop of the informant and started breaking the door and articles of the shop and also assaulted the informant with lathi and iron rod. At that time when the wife of the informant came forward to rescue him she was also assaulted by the accused persons. It was also alleged that the accused persons had also taken away Rs. 5,500/- from the cash box of the shop of the informant and at the time of the incident the informant identified the present petitioner and three others, namely, Narayan Shil, Kishore Singha and Netai Biswas out of the aforesaid 40/50 persons.