PARESH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 27.10.2006 passed by the Additional Sessions Judge, West Tripura, Agartala(hereinafter referred to as the "appellate Court") in Criminal Appeal No. 56(3) of 2005 whereby and whereunder the appellate Court upheld the judgment of the Judicial Magistrate (2nd class), Agartala, West Tripura (hereinafter referred to as the "trial Court") in case No. G.R. 517 of 2002 convicting the petitioner under Sections 323 and 341 read with Section 34 of the Indian Penal Code (for short "IPC") and sentencing him to pay a fine of Rs.250/- for the offence punishable under Section 323 IPC, in default, to suffer R.I. for 15 days and also to pay a fine of Rs.250/- for the offence punishable under Section 341 IPC, in default, to suffer R.I. for 15 days. In the judgment, the trial Court also convicted other three persons but those persons have not come before this Court.

(2.) Heard Mr. N.Majumder, learned counsel appearing for the petitioner as well as Mr. RC Debnath, learned Additional Public Prosecutor appearing for the State respondent.

(3.) The prosecution case, in short, is that the informant, Smt. Sabitri Das (PW-1) lodged an ejahar before the East Agartala police station stating inter alia that on 15.07.2002 at about 4.00 p.m in the evening her neighbours, namely, Smt. Anu Das, Sri Paresh Das, Sri Ram Krishna Das and Smt. Sabita Das had assaulted her daughter Felon @ Dipa Das and her daughter-in-law Smt. Maya Rani Das and because of the said assault, they had suffered injuries and were hospitalized.