MITHUN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 26.03.2011 delivered by the learned Additional Sessions Judge, Court No.3, West Tripura, Agartala in Criminal Appeal No.34(4) of 2010 whereby he dismissed the appeal of the appellant and upheld the judgment dated 30.09.2010 passed by the learned Judicial Magistrate Ist Class, Agartala, West Tripura, in case No. G.R. 58 of 2009 convicting the accused of having committed offences punishable under Section 341 read with Section 325 of the Indian Penal Code(IPC) and sentenced him to undergo rigorous imprisonment for a period of 2(two) months.

(2.) The prosecution story, briefly stated, is that on 13.01.2009 when the victim Pradip Saha was going towards his neighbour's house on a bicycle and was near the pump house, then the accused Mithun Debnath stopped the bicycle, pulled Pradip Saha down from the bicycle and assaulted him. As a result of the assault, the victim received injuries and was taken to the G.B. Hospital. Thereafter, case under Sections 341 and 325 of IPC was registered. The allegations are that the appellant wrongfully and illegally restrained Pradip Saha from proceeding on the road and further caused him grievous injury.

(3.) The statement of Pradip Saha is relevant. He appeared as PW -2 and stated that when he was proceeding towards his friend's house on a bicycle, the accused Mithun Debnath used abusive language against him, pulled him down from his bicycle and assaulted him fiercely and after that he lost consciousness. According to this witness, Mithun was on a picnic along with many other boys who had witnessed the occurrence.