SISHIR KUMAR DEB. Vs. SACHINDRA CH. DEB.

JUDGEMENT

(1.) THIS is a Criminal Revision Petition filed under Section 439 Cr. P.C. to set aside the judgment of the Assistant Sessions Judge. Tripura, dated 4 -11 -1965 in Criminal Appeal No. 38 of 1964 on his file, up -holding the conviction of the petitioner under Section 323 I.P.C. and the sentence to pay a fine of Rs. 25/ - or in default to suffer S. I. for "10 days, passed against the petitioner Sishir Kumar Deb by the Second Class Magistrate in Khowai in Criminal Case No. 311 of 1963 on his file.

(2.) THE petitioner and another person Makhan Deb were prosecuted by P. W. 1, the complainant (Sachindra Ch. Deb), in Criminal Case No. 311 of 1963 on the file of the Second Class Magistrate of Khowai for an offence under Section 323 I.P.C. read with Section 114 I.P.C on the ground that the Complainant P.W. 1 (Sachindra Ch. Deb) was a tenant in respect of a hut with an attached godown in Khowai of the accused Makhan Deb, that on 25 -12 -1963 P. W. 2 (Makhan Lal Das) an employee of P. W. 1 got up on the roof of the godown to collect empty bags, that under the orders of the accused Makhan Deb, the petitioner Sishir Kumar Deb threw brickbats at P. W. 2 (Makhan Lal Das) and that they hit him on his head and one of his legs causing bleeding injuries.

(3.) BOTH the accused carried the matter in appeal, which was disposed of by the learned Assistant Sessions Judge, Tripura in Agartala in Criminal Appeal No. 38 of 1964. The learned Assistant Sessions Judge held that no case was made out against Makhan Deb and that his conviction under Section 114 I.P.C., which is not a substantial offence is illegal and allowed the appeal so far as he is concerned and acquitted him. But. so far as the petitioner is concerned he dismissed the appeal and affirmed his conviction under Section 323. I.P.C. Hence the present Criminal Revision Petition.