SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2016 Supreme(Tri) 398

IN THE HIGH COURT OF TRIPURA AGARTALA
S. TALAPATRA, J.
Sri Biplab Das, son of Sri Birendra Chandra Das - Petitioners
Versus
The State of Tripura - Respondent
CRL. REV. P. 78 of 2014
Decided on : 21-11-2016

Important Points

The main legal point established is that the actions of the petitioners constituted assault or criminal force under Section 353 of the IPC, leading to their conviction, but they were granted probation under Section 360 of the Cr.P.C due to their young age and immediate pacification after the incident.

Subject

Criminal Law - Assault and Probation

Act Referred

CRIMINAL PROCEDURE CODE : S.401, S.397(1), S.251, S.161, S.313, S.360
INDIAN PENAL CODE : S.353, S.34, S.350, S.351
PROBATION OF OFFENDERS ACT : S.4

Headnote

Section 353 - Assault or criminal force to deter public servant from discharge of his duty - Section 350, Section 351, Section 360 of the IPC - The court affirmed the judgment of conviction under Section 353 of the IPC and granted probation to the petitioners under Section 360 of the Cr.P.C.

Fact of the Case:

The petitioners were convicted under Section 353 of the IPC for preventing government officials from discharging their duties during a marriage registration camp. The trial court's judgment of conviction was affirmed by the appellate court.

Finding of the Court:

The court found no infirmity in the conviction but granted probation to the petitioners considering their young age and immediate pacification after the incident.

Issues: The main issue was whether the petitioners committed the offence under Section 353 of the IPC by preventing government officials from discharging their duties.

Ratio Decidendi: The court held that the petitioners' actions constituted assault or criminal force under Section 353 of the IPC, and there was no inconsistency in the testimonies of the witnesses.

Final Decision: The petitioners were granted probation under Section 360 of the Cr.P.C instead of imposing a sentence, with a direction to maintain good conduct and be under the supervision of a Probation Officer.

Advocates:
Advocate Appeared:
For the Petitioners:Mr. HK Bhowmik, Advocate
For the Respondent: Mr. RC Debnath, Addl. PP

JUDGMENT AND ORDER (ORAL) :

Heard Mr. HK Bhowmik, learned counsel appearing for the petitioners as well as Mr. RC Debnath, learned Additional Public Prosecutor appearing for the respondent.

2. By this revision petition filed under Section 397(1) read with Section 401 of the Cr.P.C, the judgment and order dated 19.09.2014 delivered in Criminal Appeal No. 06 of 2014 by the Additional Sessions Judge, North Tripura, Kamalpur has been called in question. By the said judgment dated 19.09.2014, the judgment and order of conviction and sentence dated 17.02.2014 delivered in case No. PRC 206 of 2013 [corresponding to case No. GR 261 of 2013] has been affirmed. The trial Court while passing the said judgment and order dated 17.02.2014 convicted the petitioners under Section 353 of the IPC and sentenced them to suffer rigorous imprisonment for six months and to pay fine of Rs.1,000/- with default imprisonment.

3. The crux of the prosecution case is that on 28.09.2013 at about 11.35 hours, the Sub Divisional Magistrate, Kamalpur, Dhalai District (PW-1), namely, Raval Hemendra Kumar lodged a written ejahar in the Kachucherra police station alleging that on that very day at about 1.00 p.m while the marriage registration camp was on progress with in the Kachucherra Community Hall, one of the petitioners, namely, Biplab Das prevented him and other officials while they were discharging the government duties. The said ejahar was registered as Kachucherra PS case No. 21 of 2013 under Section 353/34 of the IPC and it was investigated by Sri Asit kumar Das (PW-8).

4. For purpose of appreciation, the substantive part of the FIR (Exhibit-1) may be reproduced hereunder:

“I am to inform you that on 28/9/13 at about 1 PM at Kachuchara Community Hall during the processing of Marriage Camp one Sri Biplab Das S/O Sri Birendra Das of South Kachuchara and Sri Tinku Das S/O Prahllad Das of North Kachuchara both Kachuchara PS prevented me and other officials in discharging government duty.

This is for your information and necessary action”.

5. When the statement of accusation was read to the petitioners under Section 251 Cr.P.C, both of them denied the accusation and claimed to be tried. To substantiate the accusation as many as 8 witnesses were examined including the said informant and the Investigating Officer. The informant in the examination-in-chief has stated as under:

“On 28/09/13 I was the SDM of Kamalpur Sub-division and on that day I along with other official staff were performing one administrative camp at Kachucherra in one Community Hall. At around 2 pm, two persons suddenly arrived therein and behaving in violent manner towards me and other official staff and as such we failed to perform our official duties in good manner. That time one TSR personnel arrived therein and as such no further incidence could happen. Those two persons also abusing me in filthy manner. Subsequently both of them pacify with the help of my other official staff. Then I lodged my FIR with the O/C of Kachucherra P.S. after prepared by me wherein I put my signature. Witness identified the ejahar which is marked as Exhibit-1. Witness identified both the accused persons in the court dock by face ”.

6. PW-2, Sri Amaresh Barman is the Deputy Collector and Magistrate, posted in the office of PW-1 at Kamalpur. He has stated that on 28.09.2013 both the petitioners suddenly started hot altercation with the SDM of Kamalpur, namely Ravel Hemendra Kumar (PW-1) and the situation became very tense. Due to that incident, they failed to perform their official duties at Kachucherra for supplying marriage certificates to the villagers.

PW-3, Sri Ranjit Roy has also stated in the similar manner.

PW-4, Sri Shyam Joy Jamatia, another staff of the office of the SDM has replicated the statement of PW-2.

PW-5, Sri Ashish Debnath has stated that the petitioner no. 2 herein suddenly became very violent and asking for stopping such marriage camp therein. PW-1 then requested him to calm down but he refused to li


















1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top