RATAN SARKAR Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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(1.) Petitioner has challenged the judgment dated 27.07.2017 delivered by the Addl. Sessions Judge(Court No.2) West Tripura, Agartala in Criminal Appeal No.34 of 2016 affirming the conviction and sentence under Sections 341 and 326 IPC awarded by the Judicial Magistrate of the First Class, West Tripura, Agartala in case No. PRC 172 of 2012 whereby petitioner Ratan Sarkar was sentenced to RI for 6 months for commission of offence under Section 341 IPC and RI for 2 years for having committed offence punishable under Section 326 IPC and fine of Rs.3,000/- with default stipulation. Aggrieved petitioner has challenged the said judgment by means of filing this criminal revision petition.
(2.) The genesis of the prosecution case is rooted in the FIR lodged by Smt.Gita Debnath PW-1 at Ranirbazar Police Station on 26.02.2012, Sunday, at around 2.15 P.M alleging that at about 8 O'clock in the morning when her husband Arun Debnath PW-11 went to the jewelry shop of Pradip Debnath after buying vegetables from Ranirbazar vegetable market, accused petitioner attacked him with a 'dao' from his behind and started chopping him indiscriminately. As a result of such assault, her husband received bleeding injuries on both of his arms and scalp. He was immediately, taken to Ranirbazar Primary Health Centre in a very critical condition from where he was referred to GB Hospital. When the FIR was lodged, the injured was undergoing treatment in GBP Hospital. It was alleged by the informant PW-1 that the accused petitioner would have killed him had he not been rescued by the local people.
(3.) Based on her FIR, Ranirbazar P.S. Case No.12 of 2012 under Sections 341 and 326 IPC was registered and investigation of the case was taken up by Jayanta Malakar, SI of police PW-13.;
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