- (1.)Heard S. Bhattacharjee, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P. appearing for the state.
(2.)The appellant was charged under Section 332 and 307 of the IPC separately and he was convicted under Section 332 of the IPC on culmination of the trial for committing the offence of causing voluntary hurt to the informant (Uttam Debbarma), a public servant. The judgment and order of conviction dated 28.08.2017 delivered in ST-20(GT/A) of 2015 by the Sessions Judge, Gomati Judicial District, Udaipur is under challenge in this appeal.
(3.)The root of the prosecution is located in the complaint filed by Uttam Debbarma, a constable of police on 28.05.2015 [Exbt.1] disclosing to the Officer-in-Charge to the Birganj police station, Amarpur, that he was deputed in the duty of accompanying the Sub-Divisional Police Officer, who was leading a search along with two other Sub-Inspectors of Police namely Bimalendu Saha [PW-2] and Krishnadhan Debnath [PW-9]. The said team was consisted of woman Police Constables namely Rina Das [PW-3] and Soma Barman [PW-7]. That apart, Drug Inspector of the Gomati District namely Subrata Das [PW-5] was, at some stage, part of the said operation. They reached the shop of the appellant at around 12 p.m of 28.05.2015 and in presence of the witnesses, PW-5 conducted the search. The appellant was found in the shop in an inebriated condition and he was behaving unruly and interrupting the search. The informant was directed to keep the appellant under observation and restraint. Thereafter, the team reached to the house of the appellant located at Birbal Das Para. The informant was given the same responsibility of keeping the appellant under restraint so that he could not intercept in the process of search. At one point of time, the appellant as it has been alleged in the complaint, having intention to kill the informant throttled him. The informant tried to free him from the clutch and he managed to raise alarm. Then, the other accompanying officers resisted him and they somehow managed to free the appellant from his clutch. The informant has categorically stated in the said complaint that he sustained injuries around his neck and chest from the assault. He was advised to do the x-ray. In the complaint it has been categorically stated that the accused purposefully put up obstruction in the way of performing his duty, intentionally battered him and caused injury. Even, he tried to kill him when he was performing his duty.
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