NIRANJAN CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 17.01.2012 passed in Criminal Appeal No. 14(4) of 2011, whereby and whereunder the learned Sessions Judge, North Tripura, Kailashahar set aside the order of conviction under Sections 448/332 of the IPC passed by the learned Judicial Magistrate, 1st Class, Kailashahar, North Tripura and convicted the convict petitioner under Section 323 of the IPC and sentenced to suffer RI for 2 months and a fine of Rs. 500/- in default to suffer 10 days SI for commission of offence under Section 323 of the IPC.

(2.) Heard Mr. B. Banerji, learned counsel appearing for the convict petitioner as well as Mr. A. Ghosh, learned P.P. appearing for the State respondent.

(3.) Prosecution case, in short, is that on 05.06.2009 the convict petitioner, namely, Niranjan Chakraborty, a Government contractor entered into the office chamber of Prithwish Das, Jr. Engineer and enquired about the finalization of the bill. The convict petitioner insisted for such finalization of bill and the Jr. Engineer replied that it could not be finalized without approval of his higher authorities. The convict petitioner then attacked Prithwish Das and assaulted him by fist blows. Prithwish Das received bleeding injury by such attack.