CHANDRA LAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. M. Kar Bhowmik, learned senior counsel along with Mr. A. K. Deb, learned counsel for the petitioners and Mr. D. Sarkar, learned Public Prosecutor for the respondent.

(2.) This criminal revision has been laid against the Judgment and Order dated 5-9-1997 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Criminal Appeal No. 16(2)/97 setting aside the Judgment and Order of conviction and sentence dated 21-5-1997 passed by the learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura in connection with G. R. 97/1994 and remanding back the matter to the learned Trial court for recording evidences of the 'remaining material witnesses' and for passing Judgment afresh accordingly.

(3.) The prosecution case, briefly stated, is that, on 13-5-1994 at about 6-30 a.m., the appellants accused persons having formed unlawful assembly armed with deadly weapons entered into the house of the informant, Smt. Bhagyabati Majumdar and forcibly took away her son, Sri Haradhan Majumdar and assaulted him mercilessly causing grievious hurt on his person. While the father of the victim attempted to rescue his son, he was also assaulted and sustained grievous injury. On receipt of the F. I. R. Police registered a case under S. 148/149/325/448 of IPC and on completion of investigation, Police submitted Chargesheet against all the five accused persons/appellants under the aforesaid sections.