DEBASISH SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 05.02.2004, passed by the learned Sessions Judge, West Tripura, Agartala, in Criminal Appeal No. 17(2)/2001, confirming the conviction under Sections 323 Indian Penal Code, 1860 and 341 Indian Penal Code, 1860, as rendered by the learned Court of the Judicial Magistrate 1st Class, West Tripura, Agartala, vide judgment dated 17.03.2001, passed in G.R. Case No. 288/1999. However, by the judgment dated 05.02.2004, the learned Sessions Judge modified the sentence of simple imprisonment for one year, as imposed by the learned trial Court to a sentence of simple imprisonment for a period of three months, under Section 323 Indian Penal Code, 1860. The learned trial Court had imposed sentence of simple imprisonment for a term of one month for the offence under Section 341 Indian Penal Code, 1860 and the same was maintained.

(2.) At this stage, it would be appropriate to mention that the learned trial Court had convicted four accused persons, namely, (1) Sri Debasish Sarkar, (2) Sri Sajal Ghosh, (3) Sri Sudhan Biswas and (4) Sri Babul Saha, for the offences under Sections 341/323 Indian Penal Code, 1860 and handed out sentences in equal measure. The appellate court, however, set aside the conviction and sentence with regard to Sri Sajal Ghosh, Sri Sudhan Biswas and Sri Babul Saha. The present revision petition is, accordingly, preferred by Sri Debasish Sarkar.

(3.) The genesis of the prosecution case, is that, an FIR was lodged on 16.04.1999 by one Dr. Triguna Debbarma, stating that he had gone to a shop called 'RAFCO' in connection with repair of a Fridge on 15.04.1999 and had paid a sum of Rs. 50/- for such repair. As the Fridge was not properly repaired, he wanted the money back or to have it repaired once again and, therefore, went to RAFCO again on 16.04.1999 and on 16.04.1999, an altercation had ensued, which resulted in his being beaten up. Finally, he was rescued by one Dr. Swapan Kumar Chanda and by some other persons, who had taken him to the hospital for treatment.