SUDIP GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition is directed against the Judgment of the District & Sessions Judge, North Tripura at Kailashahar dated 30th January, 1988 where-by learned Sessions Judge upheld the Judgment and order of conviction of the petitioners rendered by Judicial Magistrate, 1st Class, Kamalpur in Case No. G.R. 100 of 1985 convicting the petitioners u/s. 148 and 324 of I.P.C. and sentenced to undergo rigorous imprisonment for a period of 1 (one) year under each count with the direction that both the sentences shall run consecutively.

(2.) I have heard Mr. M. Kar, Bhowmik, learned counsel appearing on behalf of the petitioners and Mr. M. Nath, learned Public Prosecutor appearing on behalf of the State of Tripura.

(3.) The incident which has given rise to this present criminal proceeding occurred on Assam Aganala Road It a place called Betbagan on 4th day of June, 1985 at about 10 p.m. The prosecution case is that on the aforesaid date and time Shibnath Malsum (P.W. 1) was returning to Agartala in a vehicle bearing no. T.R.L 3391 and there were a few more passengers including Pravananda Kalai (P.W. 20) in that vehicle. But as soon as the vehicle reached at a place called Betbagan an unlawful assembly consisting of 100/50 persons armed with deadly weapons stopped the vehicle and caused injuries on the person of Shibnath Malsum (P.W. 1) and Pravananda Kalai (P.W. 20) by means of sharp cutting weapons. Shibnath Malsum, however, some-how escaped from the clutch of the assailants and ran towards his house but as he reached near the house of one Sambhurmn Hrangkhwal he fell on the ground unconscious. At that time one Abhiram and Ramapada brought him to the house of Biswa Kumar Malsum where Police Officer Bhabatosh Talukdar (P.W. 13) came and on seeing the injuries on the person of Shibnath Malsum sent him to Kulai Primary Health Centre for treatment