MATILAL DEY, SOUTH TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal revision is directed against Judgment and Order of conviction and sentence dated 12.02.2009 passed by learned Additional Sessions Judge, Belonia, South Tripura in Criminal Appeal No. 04 of 2009 whereby the learned Additional Sessions Judge upheld the Judgment & Order of conviction and sentence dated 27.12.2008 passed by learned SDJM, Belonia in Case No. G.R. 116 of 2001 with some modification of sentence.

(2.) THE convict Dulal Dey along with four other accused persons were charged together for commission of offence punishable under Section 148/325/323 read with Section 149 of IPC in connection with Case No. G.R. 116 of 2001 in the Court of learned SDJM, Belonia and learned SDJM found accused Dulal Dey, Amrita Majumder, Anadi Basak and Anil Majumder guilty of committing offence punishable under Section 323 of IPC and sentenced all of them to pay a fine of Rs. 1,000/ - each in default of payment to suffer S.I. for three months. Learned SDJM also found accused Dulal Dey guilty of committing offence punishable under Section 325 of IPC and sentenced him to suffer R.I. for one year and to pay a fine of Rs.

(3.) BRIEFLY stated the fact of the case, necessary for disposal of the revisional application is that on 07.06.2001 at about 10/11 p.m., P.W. 7 Babul Majumder had been in the house of the informant Putul Rani Majumder (P.W. 1) at village Baraiya under P.S. P.R. Bari to take dinner on an invitation of Putul Rani. At that time, the accused Dulal Dey along with six other FIR named accused persons trespassed in the house of Putul Rani armed with iron rod, dao, lathi etc. forcefully broken open the door of the hut and beaten up Dulal Dey and Putul Rani inflicting severe injuries. The villagers rushed to the house of Putul Rani hearing alarm and thereafter, the accused persons left the place. The victim Putul Rani and Babul Majumder both suffered severe injuries and they were taken to Nihar Nagar Primary Health Center for treatment. Injuries suffered by Babul since was serious he was referred to Belonia hospital and he was under treatment at Belonia hospital as an indoor patient.