PRADIP BHAUMIK, SON OF JITENDRA CHANDRA BHAUMIK Vs. STATE OF TRIPURA; PRINCIPAL SECRETARY/COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE; DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE; PRINCIPAL REGIONAL INSTITUTE OF PHARMACEUTICAL SCIENCE AND TECHNOLOGY

JUDGEMENT

(1.) This Revision petition is directed against the judgment dated 13.04.2005 passed by the learned Sessions Judge, South Tripura, Udaipur in Crl. A. 5(1) of 2005, whereby he partly allowed the appeal of the present petitioner and modified the conviction of the accused from that under Section 326 IPC to that under Section 324 IPC. He, thereafter, sentenced the accused to undergo rigorous imprisonment for two years and pay a fine of Rs. 3000/- and in default of payment of fine to under rigorous imprisonment for six months.

(2.) I have heard Ms. P. Ghatak, learned counsel for the petitioner and Sri RC Debnath, learned PP appearing on behalf of the State.

(3.) Learned counsel for the petitioner has urged that there was no altercation between the accused and the injured and the independent witnesses have not been examined and, therefore, the conviction of the accused is totally illegal and should be set aside.