KRIPESH SABDAKAR Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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ARINDAM LODH,J. -
(1.) This appeal under Section 378(4) of the Criminal Procedure Code (for short, CrPC) read with Section 372 of CrPC filed by the complainant arises out of the judgment and order of acquittal dated 18.04.2018, passed by the learned Sessions Judge, Unakoti Judicial District, Kailashahar in case No.ST 21(U/K) of 2015 under Sections 447/323/302/34 of the Indian Penal Code.
(2.) The facts leading to the present appeal in a nutshell are as under:
The complainant Sri Kripesh Sabdakar lodged a written complaint on 04.01.2015 to the Officer-in-Charge, Fatikroy Police Station, inter alia, stating that on 02.01.2015 at about 7:30 am, Dipankar Sabdakar, Bhanu Sabdakar, Subhankar Sabdakar and Dhirendra Sabdakar entered into his house with 'lathi' (stick) and started assaulting his nephew Litan Sabdakar. Litan being sustained injuries on his head fell down with bleeding from his mouth and nose. The accused-respondents also had beaten Amrit Sabdakar. Neighbouring people came and shifted Litan to Fatikroy Hospital, wherefrom he was referred to RGM Hospital, Kailashahar wherefrom he was referred to GBP Hospital, Agartala. Delay in filing the FIR was caused due to being busy in connection with the treatment of the victim, Litan Sabdakar.
2.1 Kumarghat PS Case No. 01/2015 under Sections 447/325/34 of IPC was registered on receipt of the complaint. Investigation was commenced and during investigation Litan Sabdakar succumbed to his injuries. On completion of investigation, the IO submitted charge-sheet under Sections 447/323/302/34 of IPC against the accused-respondent Nos. 2, 3 and 4 herein.
(3.) Being committed, the learned Sessions Judge framed charge against the respondent Nos. 2, 3 and 4, under Sections 447/302/323 read with Section 34 of IPC.;
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