The court upheld the conviction for grievous hurt under Section 326 IPC while acquitting the accused from wrongful restraint under Section 341 IPC due to lack of evidence.

1. Petitioner has challenged the judgment dated 27.07.2017 delivered by the Addl. Sessions Judge(Court No.2) West Tripura, Agartala in Criminal Appeal No.34 of 2016 affirming the conviction and sentence under S.341 and S.326 IPC awarded by the Judicial Magistrate of the First Class, West Tripura, Agartala in case No. PRC 172 of 2012 whereby petitioner Ratan Sarkar was sentenced to RI for 6 months for commission of offence under S.341 IPC and RI for 2 years for having committed offence punishable under S.326 IPC and fine of Rs.3,000/- with default stipulation. Aggrieved petitioner has challenged the said judgment by means of filing this criminal revision petition.

2. The genesis of the prosecution case is rooted in the FIR lodged by Smt. Gita Deb - nath [PW - 1] at Ranirbazar Police Station on 26.02.2012, Sunday, at around 2.15 p.m. alleging that at about 8 o'clock in the morning when her husband Arun Debnath [PW - 11] went to the jewellery shop of Pradip Debnath after buying vegetables from Ranirbazar vegetable market, accused petitioner attacked him with a 'dao' from his behind and started chopping him indiscriminately. As a result of such assault, her husband received bleeding injuries on both of his arms and scalp. He was immediately, taken to Ranirbazar Primary Health Centre in a very critical condition from where he was referred to GB Hospital. When the FIR was lodged, the injured was undergoing treatment in GBP Hospital. It was alleged by the informant [PW - 1] that the accused petitioner would have killed him had he not been rescued by the local people.

3. Based on her FIR, Ranirbazar P. S. Case No.12 of 2012 under S.341 and S.326 IPC was registered and investigation of the case was taken up by Jayanta Malakar, SI of police [PW - 13].

4. Sri Jayanta Malakar [PW - 13] carried out the whole investigation of the case. During investigation, he visited the crime scene. A hand sketch map indicating the material locations of the crime scene was prepared by the IO along with the separate index.
The victim and the witnesses acquainted with the facts of the case were also examined by him whose statements under S.161 Cr.P.C. were recorded. The blood stained weapon of offence was recovered from the crime scene in presence of witnesses along with some blood stained mud from the place where the victim was assaulted. The accused petitioner was also arrested on the same day who was produced in court on the following day. After collecting the injury report of the victim, the IO [PW - 13] filed charge sheet No.10 of 2012 dated 03.04.2012 against accused petitioner Ratan Sarkar for having committed offence punishable under S.341 and S.326 IPC.

5. The Chief Judicial Magistrate, West Tripura, Agartala received the charge sheet and vide his order dated 28.04.2012 took cognizance of offence punishable under S.341 and S.326 IPC and made over the case to the court of the Judicial Magistrate First Class (Court No.4) at Agartala for disposal according to law.

6. At the commencement of the trial the learned trial Judge framed charges of offence punishable under S.341 and S.326 IPC which are as under:
"Firstly, that on 26.02.2012 at about 7.30 a.m. in front of the shop of Sri Subhash Debnath of Ranir Bazar market under Ranir Bazar P/S you wrongfully restrained Sri Arun Debnath and that you thereby committed an offence punishable under S.341 of IPC and within my cognizance.
Secondly, that on the aforesaid date after few minutes and same place you voluntarily caused grievous hurt to Sri Arun Debnath by means of 'dao'(which is used as a cutting instrument) which is a dangerous weapon and that you thereby committed an offence punishable under S.326 IPC and within my cognizance.
And
I do hereby direct that you be tried on the said charges"
The accused