JUDGMENT :

Nani Tagia, J.

1. Heard Mr. N. Ratan, learned counsel for the petitioner. Also heard Mr. J. Tsering, learned Addl. P.P. for the state of Arunachal Pradesh representing the respondent No. 1; Mr. D. Kamduk, learned counsel for the respondent No. 2 and Mr. O. Pada, learned counsel for the respondent No. 3.

2. This Criminal Revision Petition under Sections 397, 401 and 482 of the Cr.P.C. has been filed by the petitioner for setting aside and quashing of the judgment and order dated 02.08.2017, passed by the learned District and Session Judge, East Session Division, Tezu, in Criminal Appeal No. 01/LDV/2016, whereby, the conviction and sentence of the accused/petitioner under Sections 324/353 of the IPC, dated 14.06.2016, passed by the learned Chief Judicial Magistrate, Lower Dibang Valley, Roing, Arunachal Pradesh, in GR Case No. 47/2012, sentencing the accused/petitioner to suffer imprisonment for a period of 1 (one) year for offence under Section 324 of the IPC and 6 (six) months for an offence under Section 353 of the IPC have been affirmed.

3. The case of the prosecution is that one, Dr. V.K. Sahgel, District Animal Husbandry & Veterinary, Lower Dibang Valley District, Roing on 24.08.2012, had lodged an FIR before the Officer-in-charge of Police Station, Roing, against the accused/petitioner to the effect that on 24.08.2012, at about 10:00 AM, accused/petitioner entered into his Office chamber to ask for reply of the RTI application which he had filed earlier. During the process, there was a heated argument between the complainant and the accused/petitioner and the accused/petitioner on getting annoyed had thrown the office telephone and thereafter, went out of the Office and took out Dao from his vehicle and came back to charge at him. During the process, one of the Office staff, namely, Chandu Mepo, got injured by the Dao of the accused/petitioner.

4. On the basis of the aforesaid FIR, Roing P.S. Case No. 42/2012, under Sections 447/324/332/353 of the IPC was registered by the Roing P.S. and on completion of the investigation, Charge-sheet was filed under Sections 447/326/333/353 of the IPC, vide Charge-sheet dated 01.03.2013. The learned Chief Judicial Magistrate, Roing, thereafter, framed charge under Sections 447/324/353 of the IPC and the accused/petitioner stood the trial.

5. In order to bring home the charges against the accused/petitioner, the prosecution examined as name as 7 (seven) witnesses. The P.W. 1 is the complainant and the P.W. 2 is the victim who had sustained injury. The P.Ws. 3, 4, 5, and 6 are the Office staff of the District Veterinary Office, Roing, and P.W. 7 is the Doctor, who had examined the victim.

(i). P.W. 1 had deposed before the Court that about 2(two) years back while he was at his Office chamber with other faculty members and other Officers, the accused, namely, Getem Gamno, had come to his chamber to enquire about his RTI application, which he had filed. When accused was asked to come after sometime as there was a meeting going on in the Office chamber, the accused reprimanded him by saying why he was arrogant to him, thereafter, the accused picked up the telephone hand set and tried to throw at him and went to his Bolero vehicle which was parked outside the Office and collected a dao from there. On seeing the accused picking up the dao, he came out of his Office chamber and reached the veranda of the office with other Office staffs where the accused started waving the dao because of which, one of his staff's finger was cut, thereafter, the accused threatened and tried to hit with the bottom of the dao. Seeing the bleeding hand of his staff, the accused sought pardon that it was mistakenly cut and thereafter, fled away in his Bolero vehicle and then, he called Deputy Commissioner, Superintendent of Police and Officer-in-charge of Roing Police Station, where after, FIR was lodged against the accused.

In the cross-examination, the P.W. 1/complainant stated that dao cut given to Chandu Mepo,