BIJOY MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Sarkar, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the state-respondent.

(2.) This is a petition under section 397 read with Section 401 of the Cr.P.C. from the judgment dated 02.09.2013 delivered in Criminal Appeal No. 13 of 2013 by the Additional Sessions Judge, North Tripura, Dharmanagar.

(3.) The prosecution case in brief is that on 15.01.2011 one Hirak Ch. Chakma purchased one dozen of crackers and fired three crackers infront of Hemshukla SPO Camp . At that time, Habilder of Hemshukla SPO Camp along with other 2/3 police personnel took the complainant in the Hemshukla SPO Camp and assaulted him by means of lathi and fist - blows. As a result, the said complainant received injuries on his person. He had to be admitted in the Kanchanpur Sub-Divisional hospital for treatment on 16.04.2011. Having received an oral Ejahar, KCP P/S Case No. 33/2011 was registered on the said incident on 16.04.2011 under Section 325/34 of the IPC and the officer-incharge of Kanchanpur Police Station himself took up the investigation.