Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Tri) 30

IN THE HIGH COURT OF TRIPURA, AGARTALA
T. Amarnath Goud, J.

Sri Babul Chandra Debnath - Petitioner
Versus
The State of Tripura - Respondent
Crl. Rev. P. No.30 of 2023, Crl. Rev. P. No.31 of 2023, Crl. Rev. P. No.33 of 2023
Decided On : 25-07-2024

Advocates Appeared:
For the Petitioner:Mr. Deep Chaim Kabir, Advocate, Mr. A. Bhattacharjee, Advocate, Mr. S. Lodh, Advocate, Mr. S. Majumder, Advocate, Ms. V. Poddar, Advocate.
For the Respondent: Mr. Raju Datta, P.P.

The conviction upheld under IPC Sections 353 and 447 for obstructing judicial proceedings, affirming that court staff qualify as public servants.

Headnote:(A) Indian Penal Code, 1860 - Sections 353 and 447 - Offences against public servants - Conviction upheld for obstructing court officials during a political strike - Petitioners attempted to pressure court staff and threatened judges, leading to disruption of judicial functions. (Paras 2, 5, 34, 60, 63)

(B) Evidence - Standard for conviction - The prosecution established its case through multiple eyewitnesses whose testimonies corroborated each other, despite discrepancies raised by defense. (Paras 68, 70)

Facts of the case:
The petitioners were convicted for obstructing judicial proceedings on 02 September 2015 during a strike called by CPI (M). They entered court premises, threatened staff and the District Judge, leading to their conviction under IPC Sections 353 and 447. (Paras 3, 5, 60)

Findings of Court:
The appellate court found no merit in the appeals and upheld the judgment of conviction by the trial court, indicating a clear case of disruption in court activities. (Paras 7, 72)

Issues: The main issues included whether the conviction was justified and if the staff can be considered public servants. (Paras 8, 17)

Ratio Decidendi: The court ruled that the petitioners acted to obstruct judicial proceedings, which constituted a violation of their duties, and that the evidence presented was sufficient to support the conviction. (Paras 60, 78)

Result: Revision petitions dismissed.

JUDGMENT :

T. Amarnath Goud, J.

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 dated 17.05.2023 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 dated 09.12.2021 passed by the learned Judicial Magistrate, 1^st 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 Section-353 read with Section-34 of IPC and to suffer SI of two months and also to pay a fine of Rs.500/- i.e. to suffer further SI for 10 days for commission of offence punishable under Section- 447 read with Section-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 02.09.2015 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.

[4] The learned District & Sessions Judge, South Tripura, Belonia on hearing the loud voices in the corridor, came out and they had confrontation with the District & Sessions Judge and also abused him. On arrival of the Complainant and O.C, Belonia, P.S., the said suspected picketers were made to move down through the nearest shortcut staircase from the spot of the said Court building and further joined with the unlawful assembly in front of the Court premises where a huge number of men/women picketers of CPI (M) assembled in support of All India Strike (Bharat Bandh). Therefore, the complainant lodged the suo moto complaint against 4/5 unknown miscreants for creating disturbance in the Court.

[5] On the basis of the FIR, police registered Belonia P.S. Case No. 2015/BLN/113 under Sections-448/353/506/34 of IPC and after investigation finding prima facie case, S.I. Sankar Saha filed charge-sheet dated 10.05.2016 vide C/S No. 20/2016 under Sections-448/353/506/34 of IPC against accused Sri Tapash Datta, Sri Trilokesh Sinha and Sri Babul Ch. Debnath. After taking cognizance and supplying the prosecution copies to the accused persons charges under Sections-447, 353 and 332 read with Sections-34 of IPC have been framed against accused Sri Tapash Datta, Sri Babul Ch. Debnath and Sri Trilokesh Sinha. The accused persons denied the charges and claimed to be tried.

[6] During trial, prosecution examined as many as twenty-two witnesses and they are namely; PW-1, Sri Jhuman Das (victim), PW-2, Sri Satyabrata Das, PW-3, Sri Bimal Chakma, PW-4, Sri Dipankar Majumder, PW-5, Sri Basudeb Pal, PW-6, Sri Dilip Debnath, PW-7, Sri Ashish Das Gupta, PW-8, Sri Bijan Pal, PW-9, Sri Mrinal Dey, PW-10, Sri Sudip Kr. Paul, the then SDPO, Belonia (complainant), PW-11, Sri Swapan Sarkar, Inspector of police (RO), PW-12, Sri Ruhidas Pal, the then District & Sessions Judge, South Tripura, Belonia (victim), PW-13, Sri Sankha Subhra Pal, PW-14, Sri Sourav Pal, PW-15, Smt. Suchitra Sen Gupta, PW-16, Md. A