KRISHNA RAM MOLSUM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant criminal revision petition is filed against the judgment dated 21.08.2012 passed by the learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal no. 8(2) of 2012 whereby and whereunder the learned appellate Court upheld the order of conviction under Section 326 of IPC passed by the learned Judicial Magistrate, 1st class, Udaipur, South Tripura in case No. G.R. 375 of 2009 and modified the order of sentence from suffering simple imprisonment for one year and payment of a fine of Rs.10,000/- to suffer simple imprisonment for one year and to pay a fine of Rs.2,000/-, in default of payment of fine to suffer further simple imprisonment for one month and if the fine money is realized then the same has to be handed over to the victim.

(2.) Heard Mr. D.Bhattacharji, learned counsel appearing for the convict petitioner as well as Mr. RC Debnath, learned Additional Public Prosecutor appearing for the respondent.

(3.) The prosecution case, in short, is that on 27.07.2009 while Sri Rangahari Malsom was returning home from Nitya Bazar at about 7.00 pm at Chankhala road, the accused persons, namely Krishna Ram Malsom and Gyan Chandra Malsom being armed with dao attacked said Ranga Hari Malsom and inflicted a blow on his neck.