RAMENDRA KISHORE CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this petition, the petitioners have challenged the judgment and order dated 06-06-2007 passed by the learned Additional Sessions Judge, Sonamura, West Tripura in Criminal Appeal No.04(1) of 2007 whereby he partly upheld the judgment and order dated 07-02-2007 passed by the learned Sub- Divisional Judicial Magistrate, Sonamura, West Tripura in C.R. 367 of 2003 convicting all the appellant-petitioners of having committed an offence punishable under sections 447 of the Indian Penal Code (IPC). The appellant-petitioner nos.6 and 7, i.e. Paltan Dey and Sanjit Basu were also convicted under section 379 of the IPC and appellant-petitioner Sanjit Basu was also convicted under sections 354 and 323 of the IPC. The learned appellate Court upheld all the convictions except the conviction of petitioner Sanjit Basu under section 323 of the IPC. The appellate Court also modified the sentences and directed that the appellant-petitioners no.1 to 5 be released under the Probation of Offenders' Act while petitioners no.6 and 7 were directed to pay fine of Rs.500/-(rupees five hundred) each and in default thereof, to undergo simple imprisonment for 10(ten) days under section 447 of IPC. With regard to appellants no.6 and 7, the sentence was reduced from 3(three) months rigorous imprisonment to 2(two) months rigorous imprisonment with fine of Rs.2,000/-(rupees two thousand) under section 379 of the IPC. With regard to appellant no.7, though his conviction under section 354 of IPC was upheld, the sentence was reduced from R.I. of 6(six) months to R.I. of 3(three) months with fine of Rs.15,000/-(rupees fifteen thousand).

(2.) The complainant Sri Parbati Sankar Chakraborty filed a complaint in the Court of the Magistrate wherein he stated that on 12-04-2003 at about 9-30 a.m. when he was working in a house repairing the roof that was damaged in the rains, all the accused entered into his house and started threatening him and wanted him to stop the work of repairing of the roof. They also threatened his workers. His younger sisters and neighbours were present. They protested against the action of the accused and then accused Sanjit Basu caught hold of his sister Smt. Sikha Chakraborty by her blouse and started pulling her. The accused tore her blouse and a portion of the saree. Thereafter, the wife of Parbati Sankar Chakraborty and other witnesses went to rescue Sikha. Then the accused persons started pushing and assaulting his wife. Sanjit Basu did not stop even thereafter and dragged the sister Sikha Chakraborty by holding and pulling her by the hair. He then pushed her against a tree. Thereafter, they took away the ladder which PW-1 was using to repair his roof.

(3.) The complainant Parbati Sankar Chakraborty (PW-1) states that the land was in their possession for the last 41 years and there are five dwelling huts in the land. He reported the matter to the police and when the police did not take action, he had to file a complaint in the Court. He has been cross-examined and according to him, his father was the priest of 'Satya Narayan Seba Mandir' and the land is on the eastern side of the Mandir. The tenor of the cross- examination is that there are many shops on both sides of the road near the place of occurrence. There are also many houses near the place. He has stated that though his relations with the people in the neighbourhood are good, but they are not willing to step into the witness box because of fear of the accused persons.