MD MANTAJ ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant criminal revision petition is filed by the convict petitioner Md. Mantaj Ali, against the judgment and order dated 19.04.2012 passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar in case No. Criminal Appeal 12(1) of 2012 whereby and whereunder the learned appellate Court while dismissed the appeal, altered the conviction of the convict petitioner from Section 325 of the IPC to Section 326 of the IPC and sentenced him to suffer R.I for 2 years and to pay a fine of Rs.2,500/- in default to suffer further R.I for 3 months and also convicted the petitioner under Section 341 of the IPC and sentenced him to suffer R.I for 1 month and to pay a fine of Rs.500/- in default of payment of fine to suffer further R.I for 7 days.

(2.) Heard Mr. AK Bhowmik, learned senior counsel assisted by Ms. A. Banik, learned counsel for the appellant as well as Mr. RC Debnath, learned Addl. PP for the State.

(3.) Prosecution case in short is that one Sunil Chandra Nath of village Gouripur under Churaibari police station lodged a written ejahar with the Officer In-charge of Kadamtala police station alleging that on 27.04.2009 at about 10.00 pm, his younger brother namely Bipul Chandra Nath went to the house of one Md. Mantaj Ali, the petitioner herein, at village Ichailalcherra accompanied by one Chayed Ali and while they were returning, said Mantaj Ali restrained their way near the house of one Pradunna Nath and started quarrel with them. The informant further alleged that during that quarrel the accused namely Mantaj Ali suddenly attacked his younger brother with a sharp cutting weapon namely 'dao' and thereby his brother received grievous injuries on neck, abdomen and on left hand which caused severance of three fingers. Immediately, the injured namely Bipul Chandra Nath was taken to Dharmanagar hospital for treatment. Stating the above facts, the informant lodged his case on 28.04.2009