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2021 Supreme(Online)(Gau) 465
TRIPURA HIGH COURT
S. R. Sen, J
Sri Dinesh Ch. Shib, Sri Paresh Ch. Shib, Sri Dipen Shib, Sri Diptanu Shib – Appellant
Versus
State of Tripura – Respondent
Criminal Revision Petition 34 of 2018
For the Appellants/Petitioners: Mr. B. N. Majumder, Mr. Nandi Majumder
For the Respondents: Mr. Ratan Datta
The conviction under IPC sections reinforces the legal standing on assault amidst familial disputes, emphasizing the integrity of witness testimonies and the appropriateness of probationary relief.
Headnote:(A) Indian Penal Code, 1860 - Sections 323 and 34 - Criminal Revision - The petitioners challenged their conviction under S.323 IPC upheld with a reduced probation period from two years to one year; with evidence from the informant and witnesses establishing assault, corroborated by medical evidence indicating the nature of injuries. (Paras 1, 10, 21, 22)
(B) Definition and Scope of Offence - The evidence pointed to a clear case of assault in the backdrop of a property dispute, with no substantial inconsistencies undermining the credibility of the prosecution witnesses. (Paras 21, 22)
Facts of the case:
The petitioners were convicted for assaulting their brother Jatan Shib during a property dispute, resulting in injuries verified by medical professionals, while they claimed false implication due to the ongoing civil matter.
Findings of Court:
The trial was conducted fairly, with consistent testimonies corroborated by medical reports. The appellate court rightly modified the probation period without faulting the original verdict.
Issues: The main issues revolved around the reliability of witness testimonies amidst a family property dispute and assessments of the conviction's basis against the evidence provided.
Ratio Decidendi: The court held the evidence robust enough to support the conviction under S.323 IPC, affirming the necessity of assessing the probation benefits according to offenders' background and nature of charge.
Result: The revision petition is dismissed.
| Table of Content |
|---|
| 1. challenging prior judgment on grounds of conviction. (Para 1 , 2) |
| 2. investigation and evidence collection process. (Para 3 , 4) |
| 3. trial proceedings and witness testimonies. (Para 5 , 6 , 7 , 8) |
| 4. judicial review of presented evidence. (Para 9 , 10 , 21) |
| 5. probation considerations based on convict's profile. (Para 22 , 23) |
1. By means of filing this criminal revision petition, petitioners have challenged the judgment dated 31.05.2018 passed by the learned Sessions Judge, Gomati Judicial District, Udaipur in case No. Criminal Appeal 25(2) of 2016 whereby the learned Sessions Judge affirmed the judgment and order of conviction of the petitioners under S.323 read with S.34 IPC passed by the Chief Judicial Magistrate, Gomati Judicial District, Udaipur in case No. PRC (SP) 98 of 2015 while reducing the period of probation of the petitioners from two years to one year.
2. Factual background of the case is as under:
Sri Jatan Shib of Radhakishorepur, Udaipur in Gomati Judicial District lodged a written FIR with the Officer - in - Charge of Radhakishorepur police station at Udaipur alleging, inter alia, that he had a land dispute with the petitioners for which a civil case was pending in the Court of the Civil Judge (Sr. Division) at Udaipur in Gomati Judicial District. The petitioners were constantly pursuing the informant to withdraw the case. The petitioners told him that unless the case was withdrawn, the informant would be implicated in criminal cases and ultimately he would be killed. On 24.05.2015 at about 10 o'clock in the night, all the petitioners together abused the informant with filthy words. On the following day at about 8:45 o'clock in the morning the petitioners attacked him with a dao (sharp edge weapon) and assaulted him with fist blows. They also kicked on his body by grounding him. As a result, the informant received injury and pain in his arms, legs, waist and head. On the same day he lodged the FIR against the petitioners.
3. Based on the said FIR R.K.Pur RS. Case No. RKP 063 under S.341 and S.323 read with S.34 IPC was registered against the petitioners and the case was endorsed to Biswajit Das, Sub-Inspector of Police of R. K. Pur police station (PW - 8) for investigation.
4. In the course of investigation the crime scene was visited by the Investigating Officer and a hand sketch map of the crime scene indicating the material locations in a separate index was drawn by the Investigating Officer. The material witnesses including the informant (PW - 1) were examined and their police statements under S.161 Cr. P. C. were recorded by the I.O. Sufficient evidence supporting the charges having been collected, the I.O. submitted Challan No.54 of 2015 dated 31.05.2015 against the petitioners for trial of the case on the charges of offence punishable under S.341 and S.323 read with S.34 IPC.
5. Having taken cognizance of offence, the trial Court summoned the petitioners. On their appearance before the Court the substance of accusation was read over and explained to the petitioners in terms of S.251 Cr. P. C. which is as under:
"The accusation brought against all of you by the prosecution is that on 25.4.15 at about 8:45 hours when the complainant Jatan Shiv was proceeding from his home by riding his motorbike bearing TR03-9866 and reached near your house at west bank of Jagganath dighi at that time all of you in furtherance of your common intention wrongfully restrained the complainant and assaulted him by fist, blows and kicks and at that then hearing his hue and cry his elder brother Tapan Shiv and his mother Ashalata Shiv and other family members came to his rescue at that time you also assaulted the brother of the complainant by a bamboo stick and threatened him as his family members with dire consequences. And by doing such acts you have committed the offence punishable u / S.341/323/506 read with S.34 of IPC and within cognizance of this Court".
The petitioners pleaded not guilty to the charge and desired
