BENU DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This present appeal has been filed against the impugned Judgment of Conviction and Order of Sentence dtd. 18/11/2024 and 19/11/2024 respectively, passed by the learned Additional Sessions Judge, Khowai Judicial District, Khowai, in Sessions Trial(T-II) 4 of 2021, whereby the learned Additional Sessions Judge, Khowai, convicted the appellants for committing offences, punishable under Ss. 323, 456 and 326 of Indian Penal Code, and sentenced them to suffer Rigorous Imprisonment for 6(six) months with a fine of Rs.500.00, in default of payment of fine they shall suffer Simple Imprisonment for 1(one) month for committing offence, punishable under Sec. 323 of IPC; and they were further sentenced to suffer Rigorous Imprisonment for a period of 1(one) year with a fine of Rs.1,500.00, in default to suffer further Simple Imprisonment for 3(three) month for committing offence punishable under Sec. 456 of IPC; and they were also sentenced to suffer Rigorous Imprisonment for a term of 5(five) years with a fine of Rs.3,500.00, and in default of payment of fine, to suffer further Simple Imprisonment for 6(six) month for committing offence, punishable under Sec. 326 of IPC.

(2.) The brief facts of the case are that on 9/8/2019, one Sri Rajat Debnath lodged a written complaint alleging, inter alia, that on 8/8/2019, one of his cows damaged some brinjal plants belonging to Benu Debnath. Due to this incident, at around 6:00 p.m. on the same day, Benu Debnath and another individual, namely Paresh Maran Debnath (i.e., appellant Nos. 1 and 2), allegedly entered the complainant's dwelling hut and brutally assaulted his mother, Smt. Gita Debnath, with a spade with the intention to kill her, thereby causing grievous bleeding injuries to her right hand, face, and chest. It is further alleged that the appellants also assaulted the complainant's wife, Smt. Kanan Debnath, with the handle of the spade, causing grievous injuries. When the complainant raised an alarm, the appellants assaulted him and his six year old son, Ayush Debnath, with fists, kicks, and blows. Hearing their cries, villagers arrived, and the appellants fled from the scene. The injured persons were initially taken to Kalyanpur CHC and, considering the critical condition of the mother and wife of the informant, they were referred to AGMC & GBP Hospital, Agartala, for further treatment.

(3.) On receiving the complaint, the Officer-in-Charge of Kalyanpur P.S. registered Kalyanpur P.S. Case No. 2019/KLN/068 dtd. 9/8/2019 under Ss. 456/325/326/323/307/34 of IPC. After initiating the investigation, both appellants were arrested on 19/6/2020. Upon completion of the investigation, charge sheet No.23 of 2020 dtd. 29/6/2020 was filed against both appellants under Ss. 456/325/447/323/326/307/34 of IPC. By Order dtd. 6/1/2021, the case was committed to the learned Sessions Judge, Khowai Judicial District. Subsequently, by Order dtd. 27/1/2021, the learned Sessions Judge transferred the case to the learned Assistant Sessions Judge, Khowai Judicial District, for disposal in accordance with law. Charges were framed under Ss. 323/456/427/326/34 of IPC.