ASHUTOSH BHATTACHERJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an application in revision against the order of the learned Sessions Judge, Agartala in Criminal appeal No. 20 of 1953 by which the Petitioner's conviction under Section 109, I.P.C. dated 17 -8 -1953 by Sri S. C. Kar, Magistrate first class was altered to one under Section 109/323, I.P.C. and the petitioner's conviction under Section 447, I.P.C. was set aside.

(2.) THE facts of the case briefly stated are that the present petitioner abetted the commission of offence under Section 323, I.P.C. by Behari and Upendra at about 11 A.M. on 21 -7 -1952 in the Aus paddy field of Ravindra Kumar Das in village Dwarikapur P. S. Khowai and in consequence of this abetment Ravindra Kumar Das P. W. 1 received a number of serious injuries on his head and other ' parts of his body with a bamboo piece.

(3.) THE petitioner and his associates examined Pulin Behari Chakravorty, Mohini Mohan Dhar, Banka Chandra Modak, Harendra Ch. Chandra vorty, Mukunda Lal De and Mrlnal Kanti Dhar Witnesses in defence but their statements in support of the plea of alibi was, I think, rightly, disbelieved by the courts below.