BIPUL DEB Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. P. Ghatak, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the state.

(2.) This is a revision petition under Sec. 401 read with Sec. 397 of the Cr.P.C. against the judgment dated 23.08.2013 delivered in Criminal Appeal No. 15(2)/2013 by the Sessions Judge, South Tripura, Udaipur, convicting the petitioner under Sec. 325 of the IPC. As consequence of that judgment, the petitioner has been sentenced to suffer rigorous imprisonment for one year with fine of Rs. 10,000, in default to suffer simple imprisonment for further two months.

(3.) In short, the prosecution case is that, the complaint dated 26.09.2011 filed by one Avijit Das (PW.5) disclosed that on the same day i.e. 26.09.2011 at about 2.45 pm while he was discharging his duties in connection with a gherao of the police station he was beaten up by the accused person, namely Bipul Deb. On the basis of the said complaint, Kakrabon P.S. Case No. 171/2011 under Ss. 353/333/511 of the IPC was registered and taken up for investigation. On completion of the investigation, the chargesheet was filed. When it was found that the offences were exclusively triable by the court of sessions, the police papers were committed to the court of the Sessions Judge. The Sessions Judge, however, transferred the case being S.T. No. 68(ST/U)/2012 to the court of the Assistant Sessions Judge, South Tripura, Udaipur. The Assistant Sessions Judge framed the charge against the accused petitioner under Ss. 333/353 read with Sec. 511 of the IPC. The petitioner denied the charge and claimed to face the trial.