BABUL CHANDRA DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Deep Chaim Kabir, learned counsel, Mr. A. Bhattacharjee, learned counsel and Mr. S. Lodh, learned counsel appearing for the petitioners. Also heard Mr. R. Datta, learned Public Prosecutor, appearing for the respondent-State.

(2.) All these petitions are consolidated for disposal by a common judgment inasmuch as the controversy is structured on facts which resemble. The present petition has been filed against the dismissal of criminal appeal passed by the learned Sessions Judge, South Tripura Belonia by the impugned judgment and order dtd. 17/5/2023 in connection with Criminal Appeals No.1 of 2022 and others whereby and whereunder, the learned Sessions Judge was kind enough to upheld the judgment and order of conviction and sentence dtd. 9/12/2021 passed by the learned Judicial Magistrate, 1st Class Belonia South Tripura in case No. PRC (WP) 94 of 2016 whereby the present petitioners were sentenced to suffer SI for 2 years for the offence punishable under Sec. -353 read with Sec. -34 of IPC and to suffer SI of two months and also to pay a fine of Rs.500.00 i.e. to suffer further SI for 10 days for commission of offence punishable under Sec. - 447 read with Sec. -34 of IPC and the prayer of the petitioners for setting aside the conviction and sentence has been rejected without considering the issues in the correct perspective.

(3.) The facts in brief are that on 2/9/2015 w.e.f. 0900 hours the complainant Sri Sudip Kumar Paul, the then SDPO, Belonia along with staffs were performing law and order duty at Belonia Court premises in connection to 24 hours All India Strike called by the Left supported Trade Unions [CPI(M)]. In the first floor of Court buildings at Judges chamber office rooms, the complainant noticed around 4/5 persons suspected to be CPI (M) supporters were shouting upon the Court staff and restraining them in attending work and demanded go out from the office and made hot altercation with the officials.