CHAKRA BAHADUR THAPA Vs. THE COMMANDANT AND ORS.

JUDGEMENT

(1.) THIS revision arises out of the conviction of one Chakra Bahadur Thapa, a Naik in the 6th Battalion Assam Rifles, Under Section 6(b) of the Assam Rifles Act V of 1941 and out of the -sentence of 15 months' R. I. passed against him by Lt Col. Zamir Ahmed, Commandant of the said Battalion, in his capacity as first class Magistrate appointed by the Tripura Administration.

(2.) ON 12 -11 -1961 an incident took place in the Assam Rifles Officers' Club at about 1 P.M. Major C. N. Madiah, Who was temporarily acting as Commandant of the Battalion, went to the Club at about 1 O'clock and saw two minor girls in the room of Naik Chakra Bahadur Thapa who was on duty at the Club. The Major appears to have questioned the said Naik about the presence of the girls in the Club premises. After that, the Major is., said to have gone to the telephone to call a friend far lunch and while he was telephoning, this Naik was alleged, to have jumped at the Major and hit him with fist on the: face) and caused profuse bleeding. Then the Major caught hold of the hand of the Naik and tried to prevent him from further violence and warned him about the consequences of his action to his superior. The Naik is then -said to have caught hold of the shirt of the officer ant torn it. Then the Naik is said to have gone into the store -room and brought a sword and pointed it at the Major's stomach, but nothing further was done with the -sword. The Major is then said to have left the Club building after going to the bath -room and washing his. face.

(3.) THEN a notice was given to the accused on 17 -11 -61 by the adjutant, for the Commandant, warning -, him that he was charged Under Section 6(b) for assaulting his superior officer and that he was to give his explanation: by 21 -11 -61 why judicial proceedings should not be -started against him. The accused accordingly gave his: written explanation on 21 -11 -61. In the said explanation, he admitted assaulting Major Madiah with his fist but denied that ha brought any sword. But he stated that before he did so, Major Madiah had assaulted him with the; telephone receiver and caused him an injury and had1 grappled with him.