AMAR NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE instant revision petition is filed by the convict petitioner Sri Amar Nath under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 10.05.2007 passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar in Criminal Appeal No. 7(1) of 2007 where -under the learned Additional Sessions Judge upheld the order of conviction passed under Section 326 of the Indian Penal Code sentencing him to suffer R.I for 3 years and to pay a fine of Rs. 10,000/ - in default to suffer further R.I for 1 year. Heard Mr. H. Debnath, learned counsel appearing for the convict petitioner as well as Mr. R.C. Debnath, learned Additional Public Prosecutor appearing for the State respondent.

(2.) THE prosecution case, in brief, is that on 20.01.2006 at noon Smt. Kalpana Nath (PW -6), wife of the informant Sri Jaladhar Nath (PW -1) went to the house of the accused petitioner to return the mirror which she purchased from his wife. As soon as the victim (PW -6) reached in front of the gate of the house of the accused, his wife started quarreling with the victim. At that time the accused petitioner, Amar Nath was working in the courtyard with a dao. When the victim(PW -6) and the wife of the accused petitioner was quarreling with each other, the accused Amar Nath suddenly came there and struck the victim with a dao on her head and back side. As a result, the victim sustained severe injury on her face, eye and on the back side. The daughter of the victim, Smt. Sampa Nath (PW -2) was also present at the place of occurrence and she took her mother (PW -6) to their house where the victim became senseless. Hearing hue and cry of PW -2 and PW -6, their neighbours (PW -8 and PW -9) came to their house and took the victim to Dharmanagar Sub Divisional hospital. From the said hospital, the victim was shifted to RGM hospital, Kailasahar where her left eye was removed. On the following day of the occurrence, PW -1, husband of the victim submitted ejahar to the

(3.) ON the other hand, Mr. R.C. Debnath, learned Additional PP appearing for the State respondent while supporting the judgment of both the learned appellate court and the trial Court submits that both the courts below has rightly convicted the petitioner as due to his assault the victim sustained grievous injuries and lost her one eye. He also submits that there was no quarrel between the accused and the victim. More so, admittedly the victim woman was without any arms in her hand.