PRADIP DAS Vs. BIDAL SARKAR

JUDGEMENT

(1.) I have heard Mrs. N. Guha, learned Counsel for the Petitioners and also heard Mr. P. Bhattacherjee, learned Addl. P.P. appearing on behalf of the State of Tripura/Respondent No. 2. None appears for the Complainant/Respondent No. 1.

(2.) This criminal revision petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 for setting aside the judgment and order dated 17.6.2003 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 50(3)/2001 confirming the conviction ordered by the learned Judicial Magistrate, 1st Class, West Tripura, Agartala in judgment dated 26.7.2001 rendered in Case No. CR 2019/1997 modifying the sentence to the effect that the convict Petitioners shall suffer R.I. for 6 months and to pay a fine of Rs. 500 each in default of making payment of fine to suffer further R.I. for 10 days for commission of offence under Section 325, IPC and also to make payment of fine of Rs. 100 in default of making payment of fine to suffer S.I. for 5 days for commission of offence under Section 341, IPC and directing the convict Petitioners to surrender before the learned trial court on 19.7.2003 to suffer the sentence.

(3.) The facts in brief, as narrated in the complaint petition filed by the Respondent No. 1, are that on 29.8.1997 at about 11.00 p.m. he was going to sleep in his shop at Champamura Bazar after taking his dinner in the house of Lal Mohan Sarkar, his maternal uncle along with Sanjit Laskar (PW2). While they reached near the Champamura High School, at that time the convict Petitioners namely Pradip Das, Priyalal Dey and Sajal Mitra stopped him on the road and the convict Petitioner No. 1 Pradip Das asked him to return the fine money which was imposed in the Panchayat meeting in connection with theft of jackfruit. At that time, complainant replied that his father took the fine money and he did not receive any money and so the question of returning the fine money by the complainant to the convict Petitioner No. 1 does not arise. Then, the convict Petitioner, Pradip Das gave a lathi blow on his face. Consequent of that lathi blow three teeth of upper jaw of the complainant were broken which resulted into profuse bleeding. He fell down on the ground and cried. The convict Petitioners Pradip and Priyalal Dey assaulted him by lathi blows and the convict Petitioner, Sajal Mitra stabbed him by a 'kirich'. As a result, he sustained injuries on his right elbow and on the upper portion of left eye. At that time, Sanjit Laskar (PW2) tried to rescue the complainant but he was threatened by the convict Petitioners. Both the complainant and his companion Sanjit Laskar raised hue and cry in response to which near by people came at the spot. The complainant lodged the complaint on 6.9.1997 before the learned Chief Judicial Magistrate, West Tripura, Agartala.