BAKUL RANI DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. C. Bhowmik, learned counsel along with Mr. A. Bhowmik, learned counsel for the appellants and Mr. A. Ghosh, learned Addl. PP for the State.

(2.) This appeal under Section 374 (2) of the Code of Criminal Procedure (for short, 'CrPC') is directed against the judgment and order dated 4.5.02 passed by the learned Addl. Sessions Judge, Belonia, South Tripura in Sessions Trial No. 23 (ST/B)/2001 whereby the appellants were convicted under Section 326/34 Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to suffer rigorous imprisonment (for short 'RI') for two years each and to pay a fine of Rs. 2,000/- each, in default, to suffer further rigorous imprisonment for six months.

(3.) The prosecution case, in brief, may be stated as follows:- On 6.4.2000 at about 3.30 pm, when the informant Sri Pabitra Debnath (PW 1) along with his mother Smt. Shabita Debnath (PW 4) went to fetch their cow from the field, the accused-appellants, namely, Smt. Bokul Rani Das, Smt. Kusum Bala Pal and Smt. Purnima Das, being armed with dao assaulted them causing injuries on various parts of their bodies. Sri Pabitra Debnath (PW 1) in the evening of the same day lodged the FIR with Officer-in-Charge, Belonia Police station. On receipt of the FIR, Police registered a case under Sections 326/307/34 IPC against the accused-appellants, launched investigation into the matter, got the injured examined by the Medical officer and at the close of the investigation submitted chargesheet for the offences under Section 326/307/34 IPC and forwarded the appellants to the court to stand trial. The offence under Section 307 IPC being exclusively triable by the court of Sessions, the learned Judicial Magistrate, First Class committed the case to the court of learned Addl. Sessions Judge.