ANIRUDDHA DAS; NANDALAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition has been filed by the convict petitioners against the judgment dated 13.05.2010 passed by the Ld. Additional Sessions Judge, Kamalpur, North Tripura in Crl. A. No. 3 of 2010 whereby and whereunder, the learned Additional Sessions Judge dismissed the appeal and upheld the order of conviction under Section 323 of the IPC and sentence to pay a fine of Rs. 500/- each in default to suffer SI for 3 months passed by the learned Sub-Divisional Judicial Magistrate, Kamalpur, North Tripura in G.R. Case No. 180 of 2010.

(2.) Heard Mr. D. C. Roy, learned counsel appearing for the petitioners as well as Mr. R. C. Debnath, learned Addl. P.P. appearing for the State respondent.

(3.) Prosecution case, in short, was that on 07.07.2009 the informant Smt. Milan Das lodged a written ejahar with the Officer In-charge Kamalpur P.S to the effect that on that day at about 12.30 p.m. accused persons i.e the convict petitioners, namely, Nandalal Das, Aniruddha Das and Nepal Das forcefully entered into her house and dragged her out from the house in absence of other family inmates and brought her on the road and assaulted her by fist, blows and kicks etc. She also alleged in the ejahar that the accused persons i.e. the convict petitioners also torned her wearing apparels and tried to commit rape on her, but at that time, Nihar Ranjan Das came. So, the accused persons (the convict petitioners) left from the place of occurrence. Thereafter, the informant was brought to Kamalpur Hospital and she took treatment there.