Physical assault against a public servant during duty constitutes offences under IPC Sections 332 and 353, proving intent to deter discharge of duty.

1. Heard Mr. B.N. Majumder, learned Sr. Advocate appearing for the petitioner as well as Mr. S. Ghosh, learned Additional Public Prosecutor for the State respondent.

2. This criminal revision petition has been filed under S.397 read with S.401, Cr.P.C against the judgment dated 4.8.2017 delivered in Criminal Appeal No. 13(4) of 2016 by Sessions Judge, Unakoti Judicial District, Kailashahar, affirming the judgment and order of conviction and sentence passed by the Judicial Magistrate, First Class, Kailashahar, in case No. PRC 68 of 2014 whereby the trial Court sentenced the petitioner to suffer simple imprisonment for one year and fine of Rs.10,000/- with default stipulation for commission of offence punishable under S.332, IPC and further sentenced him to S.I. for one year with fine of Rs.10,000/- with default stipulation for having committed offence punishable under S.353, directing that both the sentences would run concurrently. The appellate Court by the impugned judgment has affirmed the said judgment and order of conviction and sentence which has been challenged by means of this petition.

3. The genesis of the prosecution case is rooted in the written ejahar (FIR) filed by one Nandalal Deb, Branch Manager of Tripura Gramin Bank, Tillabazar Branch at Irani police station in Unakoti Judicial District on 25.04.2014 informing the Officer - in - Charge, Irani police station that at about 2 p.m. on 25.4.2014 Smt. Sofia Begam, a resident of the area came to the bank and met the said Branch Manager to know about the procedure of getting a loan from bank. She left the bank after having discussion with the informant on the issue. About half an hour thereafter she came back with one Sundar Ali who asked the informant Branch Manager to sanction a loan in favour of Smt. Sofia Begam immediately and during altercation with the informant, said Sundar Ali physically assaulted him and ransacked the computer and files in his chamber.

4. Based on the said written ejahar, Irani PS case No.15 of 2014 under S.332, S.353, S.379 and S.506, IPC was registered and the case was taken up for investigation. After the investigation was complete, charge sheet for commission of offence punishable under S.332, S.353, S.506, was filed against the petitioner vide charge sheet No.05 of 2014 dated 31.5.2014. After the charge sheet was received, case was made over to the trial Court by the Chief Judicial Magistrate, Kailashahar vide order dated 06.06.2014. The trial Court after taking cognizance, framed charges of offence punishable under S.332, S.353 and S.506, against the petitioner. The charges which have been framed by the trial Court against the petitioner are as under:
"That you on 25.04.2014 at about 14:30 hours you slapped the complainant of the instant case namely Sri Nandalal Deb, the then Branch Manager of Tripura Grameen Bank, Tillabazar within the jurisdiction of Irani PS and you thus voluntarily caused hurt to the complainant who is a public servant to deter him from his duty and you also assaulted and used criminal force on him to deter him from discharge of his duty besides threatening him with dire consequences.
For your above acts and conduct you have committed offences punishable under S.332/353/506 of the Indian Penal Code and within the cognizance of the Court.
Do you plead guilty.'' Petitioner pleaded not guilty and claimed trial.

5. In order to substantiate the charge, the prosecution adduced as many as seven witnesses including the informant Branch Manager of the Bank (PW - 3), Md. Jamal Uddin (PW - 2) who is an employee o