MILAN GOPE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Ghosh, learned counsel vice Mr. S. Sarkar, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned P.P. appearing for the State.

(2.) This is a revision petition filed under Section 397 read with Section 401 of the Cr.P.C. against the judgment and conviction dated 17.12.2012 passed by the Addl. Sessions Judge, South Tripura, Belonia in Criminal Appeal No. 19 of 2012. By the said judgment dated 17.12.2012, herein after referred as the impugned judgment, the findings of conviction dated 14.09.2012 as returned by the Judicial Magistrate, 1st Class, Belonia, South Tripura, in GR 265 of 2008 has been affirmed. By the judgment dated 14.09.2012, the Judicial Magistrate 1st Class convicted the petitioner for commission of offence punishable under Section 341/324 of the IPC. In consequence of such conviction, the petitioner was sentenced to suffer rigorous imprisonment for one year for commission of offence punishable under Section 324 of the IPC and to pay a fine of Rs.10,000/-, in default of payment of fine to suffer further rigorous imprisonment for 3(three) months. The petitioner had been further sentenced to pay fine of Rs.5,00/- for commission of offence punishable under Section 341 of the IPC, in default of payment to suffer rigorous imprisonment for 7(seven) days. Being aggrieved by that judgment dated 14.09.2012, both the convicts including the present petitioner filed an appeal being Criminal Appeal No. 19 of 2012 in the court of the Additional Sessions Judge, South Tripura Belonia questioning the legality of the trial court judgment. By the impugned judgment dated 17.12.2012, the appellate court acquitted the co-convict namely Suman Gope on benefit of doubt, and the conviction of the petitioner under Section 341 of the IPC was set aside. But the conviction of the petitioner under Section 324 of the IPC has been maintained.

(3.) The genesis of the prosecution case is rooted in the written complaint filed by Narayan Gope(PW-2), the victim, revealing that while he along with his wife was returning after attending a religious function in the house of one Smti. Anjali Gope (PW-7), the petitioner and his younger brother, namely Suman Gope suddenly attacked them in front of their house with a sharp edged weapon and hacked him and later on, when his brother namely Haradhan Gope came to rescue them, he was also given blow with that weapon. They had abused the informant by shouting and declaring that they would kill him at any time. Based on the said written complaint dated 19.06.2008 (Exbt.-1), Baikhora P.S. case No. 55 of 2008 was registered under Section 341/324/506 of the IPC and was taken up for investigation. On completing the investigation, the Investigating Officer, Shri Mahitosh Majumder (PW-14) submitted the final police report chargeshetting the petitioner and another coaccused under Sections 341/324/506 of the IPC. Since the accused persons were on run they were shown as the absconder in the chargesheet. However, both the accused persons appeared before the trial court when the trial court read out the charge under Section 341, 324 and 506 of the IPC separately.