Tripura High Court
Sri Bijoy Dey vs The State Of Tripura on 18 April, 2022
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
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HIGH COURT OF TRIPURA
AGARTALA
CRL. REV. P. 29 OF 2020
1. Sri Bijoy Dey,
S/o. Lt. Indra Kumar Dey,
Of Damdama, Go-Down Tilla ,
P.O.+ P.S. Sabroom, South Tripura.
2. Sri Biswajit Ghosh,
S/o. Lt. Kalipada Ghosh of Damdama,
P.O.+ P.S. Sabroom, South Tripura.
3. Sri Abhijit Dey,
S/o. Lt. Shibu Dey,
Of Basak Tilla, P.O.+ P.S. Sabroom
Sabroom, South Tripura.
4. Sri Abhik Basak @ Bura,
S/o. Lt. Jadugopal Basak of Old Office
Tilla P.O.+ P.S. Sabroom
Sabroom, South Tripura.
......... Revision Petitioner(s)
Vs.
The State of Tripura.
............Respondent(s)
For the Petitioner(s) : Mr. S. Sarkar, Sr. Advocate.
Mrs. S.B. Deb, Advocate
For the Respondent(s) : Mr. R. Datta, P.P.
Mr. S.Debnath, Addl. P.P.
Date of hearing :12.04.2022.
Date of delivery of
Judgment & Order :18.04.2022.
Whether fit for reporting : YES.
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HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT AND ORDER
This is a petition filed under Section 397 read with Section 401 of the Code of the Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 27.05.2020 passed by the learned Session Judge, Belonia, South Tripura in connection with Criminal Appeal No. 09 of 2018 convicting the revision petitioners to suffer S.I. for 2 years and to pay a fine of Rs.5,000/- for the commission of offence punishable under Section 353 read with Section 149 of I.P.C. and also to suffer S.I. for two months and to pay a fine of Rs.500/- for the commission of offence punishable under Section 447 read with Section 149 of I.P.C. The sentence shall run concurrently instead of consecutively, and thereby partly allowed the Judgment and Order of sentence dated 29.03.2018 passed by the S.D.J.M. Sabroom, South Tripura in c/w case nos. PRC.(WP) 70 & 71 of 2016, convicting all the revision petitioners under Section 447 of the Indian Penal Code sentencing each of them to suffer S.I. for two months and also to pay a fine of Rs.500/- each in default to suffer S.I. for one day and also convicting the revision petitioners under Section 353 of the Indian Page 3 of 25 Penal Code sentencing each of them to suffer S.I. for 2(two) years and to pay a fine of Rs.5,000/- each in default to suffer S.I. for 10 days and also further convicting the petitioners under Section 3 of the Prevention of Damage to the Public Properties Act, 1984 sentencing each of them to suffer R.I. for 10 months and to pay a fine of Rs.4500/- each in default to suffer S.I. for 8 days with a direction that all the sentences shall run consecutively.
2. The prosecution story in short is that on 02.09.2015, a strike was called (Bharat Bandh) by some political organization. On that day, at about 10:30 A.M., in compliance with the official duty, when Sri Swapan Dey, the then Nazir of the Court of learned Sub-Divisional Judicial Magistrate, Sabroom, South Tripura tried to enter the Court along with other staff. They were restrained from entering the Court complex by some picketers. After some time under the protection of Court Sub-Inspector Sabroom somehow the said Swapan Dey managed to enter the Court at about 12 noon. One group of picketers including the convict petitioners herein, namely, Bijoy Dey and Biswajit Ghosh entered the Court complex and started assaulting the Court staff and took away Gobinda Jamatia, Bijoy Nandi, Page 4 of 25 and Chandra Sen Jamatia (staff of the Court). Being petrified, the other staff took shelter in the chamber of the then learned Civil Judge (Jr. Division)-cum-Judicial Magistrate First Class, Sabroom. The picketers started pelting brickbats, and stones inside the chamber and also in the lavatory. The picketers broke the windows and the staff took refuge inside the lavatory. The picketers threatened to cause injury to the persons and obstructed them from discharging their duties and also destroyed public property.
3. On the basis of the said incident, one FIR was lodged by Sri Swapan Dey, Nazir of the office of the Sub- Divisional Magistrate, Sabroom, South Tripura which was registered as Sabroom Police Station Case No. 2015/SBM/057 dated 02.09.2015 under Section 147/149/452/332/342/353/427 of IPC and under Section 3 of the Prevention of Damage to the Public Properties Act, 1984. The said case was subsequently registered before the learned Court vide Case No. PRC(WP) 71 of 2016. The second FIR was taken up suo-motu by the then O/C Sabroom P.S. namely, Sri Sanjit Sen. The said FIR was registered as Sabroom Police Station Case No. 2015/SBM/058 under Section 147/149/332/353 of IPC Page 5 of 25 which was subsequently registered before the learned Court below as PRC(WP)70/2016. In that ejahar, it is mentioned that O/C Sabroom P.S. along with other officers and TSR personnel headed by the then SDPO Sabroom were deployed for maintaining law and order duty in connection with 24 hours Bharat Bandh called by some political organization. At about 09.45 hours when some picketers assembled outside the Court, he dispersed them. And at about 10.00 hours the then Presiding Officer was escorted to the office and five more staff also entered into the court following the officer. At about 12.00 hours one under trial prisoner was brought from Belonia Sub-Jail as he was previously ordered to the produced. Thereafter, on-demand of key, the Nazir was called for, and the Ct.SI, Sabroom brought the keys from the then Nazir of the Sabroom Court. The then learned SDJM, Sabroom asked Ct.SI to bring the Nazir and, accordingly, at about 12.00 hours Nazir was brought in the Court. The picketers including Bijoy Dey, Biswajit Ghosh, Abhijit Dey, and Abhik Basak became violent and entered into the Court premises by breaking the police barricade. The SDPO and O/C tried to restrain the picketers, but they were overpowered and in that process Page 6 of 25 the O/C, one TSR personnel, and one police constable sustained injuries. After such entering, the convict- appellants forcefully dragged out Gobinda Jamatia, Bijoy Nandi, and Chandra Sen Jamatia (staffs of the Court) out of the Court.
4. On the basis of said two FIRs, Police registered two cases in connection with the same incidents as stated here-in-above. In both the cases, two investigating officers namely, S.I. Joydeep Dey and S.I. Khokan Saha was endorsed to investigate the cases. After investigation finding prima facie case, both the investigating officers filed two separate charge sheets in both the cases vide SBM PS CS No. 23/2016 dated 26.03.2016 under Section 147/149/452/332/342/353 and 427 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984 and another SBM PS CS No. 22/2016, dated 26.03.2016 under Section 147/149/332 and 353 of IPC against the accused Sri Bijoy Dey, Sri Biswajit Ghosh, Sri Abhijit Dey, and Sri Abhik Basak.
5. Thereafter, as per the order of the Court below, both the cases were clubbed together, and charges were framed against the accused persons for commission of Page 7 of 25 offence punishable under Section 147/149/447/332/353 and 34 of IPC and Section 3(2) of Prevention of Damage to Public Property Act, 1984. The accused-appellants therein denied the charges and claimed to be tried.
6. During the Trial, the prosecution examined as many as thirty-three witnesses namely; Sri Paresh Reang as P.W.1, Sri Akkel Hossein as P.W.2, Sri Biplab Marak as P.W.3, Sri Bijoy Nandi as P.W.4, Sri Gobinda Prasad Jamatia as P.W.5, Sri Goutam Das as P.W.6, Sri Prantosh Shil as P.W.7, Sri Sourav Saha, the then Judicial Magistrate First Class, Sabroom as P.W.8, Sri Tapan Chakraborty as P.W.9, Sri Babul Debnath as P.W.10, Sri Banijoy Reang as P.W.11, Sri Ranjit Marak as P.W.12, Sri Amal Deb as P.W.13, Sri Sudip Poddar as P.W.14, Sri Sujan Saha as P.W.15, Smt. Niyati Rani Das as P.W.16, Sri Manik Nama as P.W.17, Sri Rakesh Bhowmik as P.W.18, Sri Swapan Dey as P.W.19, Sri Sujit Chakraborty as P.W.20, Md. Safique Miah as P.W.21, Sri Chandra Sen Jamatia as P.W.22, Sri Haren Bikash Chakma as P.W.23, Sri Sujit Sarkar as P.W.24, Sri Dhruba Majumder, ASI of police as P.W.25, Sri Himanghsu Debnath as P.W.26, Sri Badal Mallik, SI of Police as P.W.27, Dr. Shyantan Bhattacharjee (Medical Officer) as P.W.28, Sri Page 8 of 25 Sanjit Sen, SI of police as P.W.29, Shri Khokan Saha, SI of police as P.W.30, Sri Rajib Chowdhury as P.W.31, Sri Francis Darlong, the then SDPO, Sabroom as P.W.32 and Sri Joydeep Dey as P.W.33. The convict petitioners were examined under Section 313 of Cr.P.C. at which they denied the incriminating material and also denied to adduce defence witness.
7. Learned Sub Divisional Judicial Magistrate, Sabroom, South Tripura after hearing both the parties and evaluating the evidence, convicting the petitioners as stated above.
8. Thereafter, the revision petitioners herein preferred an appeal before the learned Sessions Judge, Belonia, South Tripura which was numbered as Criminal Appeal No.09 of 2018. After hearing both sides, on 27.05.2020 learned lower Appellate Court partly allowed the appeal and passed the order of conviction and sentence as stated here-in-above.
9. Being aggrieved and dissatisfied with the impugned judgment and order of conviction and sentence dated 27.05.2020, the revision petitioners herein preferred Page 9 of 25 the instant revision petition and prayed for the following reliefs:-
"i) Admit the revision petition.
ii) Call for the case records from the lower Court.
iii) Stay the execution of sentences and realization of fine and to release the revision petitioners on bail till disposal of the present revision petition.
AND
iv) After hearing both the sides your Lordship would be kind enough to set aside quashed the impugned judgment and order of conviction and sentences dated 27.05.2020 passed by the learned Session Judge, South Tripura, Belonia in Case No.Criminal Appeal 09 of 2018."
10. Heard Mr. S. Sarkar, learned Sr. Counsel, assisted by Mrs. S. B. Deb, learned counsel appearing for the accused petitioners herein as well as Mr. R. Datta, learned. P.P. and Mr. S. Debnath learned Addl. P.P. appearing for the State respondent.
11. Mr. Sarkar, learned Sr. counsel appearing for the accused petitioners herein argued that learned Courts below has failed to appreciate the law, facts, and circumstances and as such the order of conviction and sentence is liable to be set aside. He submits that there is no iota of evidence against the appellants-Sri Abhijit Dey and Sri Abhik Basak and argued that the evidence against the appellants No.1 Page 10 of 25 and 2, Sri Bijoy Dey and Sri Biswajit Ghosh is also insufficient. He however submits that he is also aggrieved by the indecent act affecting the Court's administration. Mr. Sarkar, learned Sr. counsel further submits that the examination of the revision petitioners under Section 313 of the Criminal Procedure Code was not done in accordance with the law, and the learned appellate Court and learned Trial court convicted the revision petitioners merely on conjectures and surmises. Mr. Sarkar, learned Sr. counsel argued that the burden of proof lies upon the prosecution but the facts elicited in the cross-examination were not at all considered. There were also material discrepancies between the statements of the witnesses. The ingredients under Section 447/353/149 of IPC are not at all attracted in the instant case.
12. Mr. Sarkar, learned Sr. counsel further submits that out of the 34 witnesses examined by the prosecution 17 witnesses namely, P.W.4, Bijoy Nandi, P.W.5. Gobinda Prasad Jamatia, P.W.7, Prantosh Shil, P.W.9, Tapan Chakraborty, P.W.10, Babul Debnath, P.W.11, ASI Banijoy Reang, P.W.14, Sudip Poddar, P.W.15, Sujan Saha, P.W.16, Niyati Rani Das, P.W.19, Swapan Dey (informant), Page 11 of 25 P.W.20, Sujit Chakraborty, P.W.22, Chandrasen Jamatia, P.W.23, Haren Bikash Chakma, P.W.24, Sujit Sarkar, P.W.26, Himanghu Debnath, P.W.27, Badal Mallik and P.W.31, Rajib Choudhury turned hostile but learned Trial Court below failed to appreciate the deposition of the aforesaid witnesses.
13. Learned Sr. counsel argued that P.W.8, Judicial Magistrate of Sabroom Court only deposed that Bijoy Dey and Biswajit Ghosh, the petitioners No.1 & 2 herein were by profession Advocate Clerk and they stopped his vehicle and restrained him from entering the Court Complex. The witness did not utter a single word during his deposition before the learned Trial Court below that the said petitioners entered into the Court complex and did anything. Learned Sr. counsel further submitted that some of the witnesses deposed that the petitioners Bijoy Dey and Biswajit Ghosh were found outside the Court premises along with some picketers but they did not obstruct anybody from entering into the Court complex. Learned Sr. counsel further submits that in the instant case, the witnesses made contradictory statement, and in this situation, according to law the view which favour the accused should be accepted. Page 12 of 25
14. Lastly, learned Sr. counsel argued that almost all of the prosecution witnesses deposed that the picketers were assembled in front of the Court complex at around 10.00 A.M. but none of the witnesses deposed that they entered into the Court Complex, but the charges were framed against all the petitioners for the commission of alleged offence after 12.00 hrs(noon).
15. Mr. R. Datta, learned P.P. appearing for the State-respondent vehemently opposed the said argument of the learned Sr. counsel and urged this Court to uphold the judgment and order of conviction as passed by the Court below.
16. Prosecution, in this case, has examined as many as 33(thirty-three) witnesses and some documents (Exbt-1 to Exbt.25). The deposition of prosecution witnesses is as follows:-
17. P.W.1, Sri Paresh Reang, is the Head Clerk of the S.D.J.M., Sabroom. According to him, on 02.09.2015 when he was coming to the Court, some picketers obstructed him and he left for home. He stated that he could identify the petitioners- Biswajit Ghosh and Bijoy Dey amongst the picketers.
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During cross-examination, he confirmed that along with him Manik Nama, Goutam Das, and Swapan Dey one of the informants were also obstructed and they left the place along with him.
18. P.W.2, Sri Akkel Hossein, is Peon of the Court of the S.D.J.M. Sabroom. He deposed that on 02.09.2015 at about 10.15 am, when he tried to enter into the Court premises, the petitioners- Bijoy Dey and Biswajit Ghosh obstructed him from entering into the Court, and being obstructed, he left for home. He identified them.
19. P.W.3, Sri Biplab Marak stated that on that he being the accounted of the Office of the learned S.D.J.M., Sabroom tried to enter into the Court and at that he was obstructed by some people. Still, he tried to perform his duties, but being restrained he left for his house. He identified accused-petitioners, Biswajit Ghosh @ Bishu Ghosh and Bijoy Dey as amongst the picketers.
During cross-examination, he confirmed that at that time it was 10.15 a.m.
20. P.W.4, Sri Bijoy Nandi deposed that he was the orderly of the then learned S.D.J.M. Sabroom and on 02.09.2015, he along with Sri Sourav Saha, in charge Page 14 of 25 S.D.J.M., Sabroom came to the Court with Police security at about 10.15 A.M. by a Maruti vehicle. According to him at about 12.00 noon he found many people in the courtyard of the Court and seeing those people out of fear Chandrasen Jamatia and he left away. He stated that at the time when they came with the police, nobody attacked them. He found Bijoy Dey and Biswajit Ghosh as picketers. He was declared hostile by the prosecution. But from his evidence presence of Bijoy Dey and Biswajit Ghosh is established.
During cross-examination, he stated that Bijoy Dey and Biswajit Ghosh did not obstruct him.
21. P.W.5, Sri Gobinda Prasad Jamatia was the then LDC in the Court of the learned(Jr. Division)-cum-Judicial Magistrate First Class Sabroom. According to him, on 02.09.2015 on the day of the strike called by some political party, at about 11.45 am., some picketers entered into the Court and obstructed him from performing his work. He could not identify them and he was declared hostile by the prosecution.
During cross-examination, he stated that he was not obstructed by any picketers.
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22. P.W.6, Sri Goutam Das was LDC of the S.D.J.M. Court, Sabroom, and on 02.09.2015, at about 10.00. A.M. when he entered into the Court some picketers obstructed him outside the Court. Thereafter, he left home, and amongst them, there were two Advocate Clerks. They were Bijoy Dey and Biswajit Ghosh and he identified them in the Court.
During cross-examination, he stated that the picketers requested him not to enter into the Court. But he did not name the picketers who obstructed him or requested him not to enter into the Court. From his evidence also the participation of Bijoy Dey and Biswajit Ghosh and picketers in support of 'Bandh' is well established.
23. P.W.8. Sri Sourav Saha, the then I/C S.D.J.M. Sabroom deposed that on 02.09.2015 at about 9.50 A.M. he along with police personnel proceeded from quarter towards Sabroom Court Complex. There was a 'bandh' called on that day. He came to the Court Complex with a police gypsy and when the vehicles reached near the main gate complex, Biswajit Ghosh and Bijoy Dey, two picketers who were by Page 16 of 25 profession Advocate Clerk stopped the vehicle and restrained them from entering into the Court premises and from discharging his official duties. But after some time, those petitioners let them go in and some of his staff reported to him. At around 12 noon a group of picketers broke the security cordon and dragged out Gobinda Prasad Jamatia and Chandrasen Jamatia out of the Court premises. Observing the situation, he along with the rest of the staff took refuge at his Chamber. Picketers started pelting brickbats at his Chamber and smashed the glass window of his Chamber. He narrowly escaped. His staff out of fear went to the bathroom attached to his Chamber and there also picketers started pelting bricks bats and tried to break the window. He immediately informed the incident to the authorities. At the time of the incident, CT.SI Sabroom was also present at his chamber. He stated that the crowd became violent and threatened them that they will set fire to the chamber and destroy the records. Subsequently crowd disappeared and he continued his work. He identified the accused-appellants Biswajit Ghosh and Bijoy Dey before the Court.
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During his cross-examination, there is no evidence to show that his evidence cannot be disbelieved.
24. P.W.9, Sri Tapan Chakraborty deposed that on 02.09.2015 he being the CT.SI Sabroom Court came to the Court at about 19.50 hours. He was not prevented and restrained by any person. At about 12.00 to 12.15 P.M. being asked by Presiding Officer when he was bringing Nazir, Swapan Dey to the Court he was chased by some male and female picketers. He along with Swapan Dey and the Presiding officer, Sri Sourav Saha, entered into the chamber of the Presiding Officer. Thereafter, the picketers raised an uproar and after some time they were dispersed by police and amongst the picketers, he could not identify anybody. He was declared hostile by the prosecution.
25. P.W.10, Sri Babul Debnath was another LDC of the Court of the learned SDJM, Sabroom. He was declared hostile by the prosecution.
26. P.W.12, Sri Ranjit Marak, the LDC of the Court of the then Ld. SDJM deposed before the Court that on 02.09.2015, he came to the office but could not perform his duties as a strike was called by some political party. He tried to enter the Court but the supporters of the political Page 18 of 25 party requested him not to perform the duty and not to enter the Court. Thereafter, he left for his house.
27. P.W.12, Sri Amal Deb, deposed that on 02.09.2015, he came to the Court but could not enter the Court being faced obstruction due to the strike. He was restrained in front of the gate and he recognized the accused petitioner, Biswajit Ghosh, and Bijoy De who restrained them. He for some time waited near the forest office but the picketers waited outside the Court. The witness and the other staff could not enter the Court and out of nervousness, he left for his house. He came to know that the picketers dragged out other staff of the Court and beat them severely. On the next day, he found broken pieces of glass from the presiding officer.
28. P.W.14, Sri Sudip Poddar deposed before this Court that on 02.09.2015, he was posted as PA to the then presiding officer. At about 10 A.M. he entered the Court and on that day a strike was called by some political party and for which there was less number of the people in the Court. After completion of his work, he heard some picketers were raising slogans in front of the Court and he came to know that the picketers took away Govinda Prasad Jamatia from Page 19 of 25 the Court. He was petrified and when the then presiding officer was performing his duties in the Ejlash around 50-60 picketers came with lathi and entered the court premise and pelted stones in the court. The staff took shelter in the bathroom of the chamber of the presiding officer out of fear and they have to remain there for up to one and half hours. He specifically stated that police could not restrain them. Thereafter, Sujan Saha (PW-15), Swapan Dey (PW-19), he and others took shelter in the bathroom of the Presiding Officer out of fear. Thereafter, picketers followed them and pelted stones in the window of the bathroom of the Presiding Officer. The picketers also abused them in filthy languages.
29. P.W.15, Sri Sujan Saha, duly corroborated the deposition of P.W.14.
30. P.W.19, Sri Swapan Dey was the Nazir of learned S.D.J.M. Court, Sabroom. He was the informant of the PRC Case No. 71 of 2017 corresponding to Sabroom PS Case No. 2015/SBM/057. During evidence, he proved his signature in the ejahar as exhibit-2 and supported lodging of FIR. The prosecution declared him hostile. But his evidence shows that on that date he reached the court premises at about Page 20 of 25 10.30 a.m. and in front of the Court near a shop picketers restrained him from entering the court and first being restrained he left home and later at about 2.00 O'clock court sub-inspector Tapan Chakraborty went to him and asked him to come to the Court as called for by the Magistrate. Thereafter again he came to the court by riding the motorcycle of Tapan Chakraborty as a pillion rider. When they entered the court they were attacked by picketers and out of fear he took refuge in the toilet of the chamber of Magistrate. Thereafter stones were pelted by picketers and after sometimes picketers were dispersed. In answer to the court question he replied that later on he heard that Bijoy Dey and another were arrested by police and he informed the matter of his restrainment to his officer and that police personnel was present in the court premises.
31. PW-20, Sri Sujit Chakraborty was the Bench Peon and his evidence shows that at about 10.15 a.m. he was restrained by picketers of the political party. When he left for his home, at that time he was accompanied by other staff, namely, Akkel Hossein, Biplab Marak, and others. Moreover, he was declared hostile by the prosecution. Page 21 of 25
32. P.W.21, Md. Safik Miah, was a police constable and he claimed that on 02.09.2015 on the day of the strike he was deployed to perform his duty in front of the Court of learned S.D.J.M. Sabroom along with other staff. Accordingly, he saw at about 12.00 hours a scuffling took place between the picketers and some of the Court staff when they tried to enter into the Court. He further stated that the picketers had broken the barricade given by the police and the picketers also pushed and dashed the police personnel and pelted stones in the Court. Then some of the staff took refuge in the bathroom of the officer and at that time, Sanjit Sen, O/C Sabroom P.S. was present.
His evidence clearly proves that the picketers had broken the police barricade and entered into the Court premises.
33. P.W.25, ASI Dhruba Majumder, submits that on 02.09.2015, he was performing his duties of G.D. Officer at Sabroom P.S. from 1.00 P.M. to 10 P.M. On that day, a 'bandh' was called by some political organization. He received information that some picketers dashed and pushed some police personnel and injured two police Page 22 of 25 personnel. He entered G.D. and stated that amongst those police officers O/C Sanjit Sen was also there.
34. P.W.28, Dr. Shyantan Bhattacharjee deposed that he attended Sanjit Sen on 02.09.2015 with a history of pain in shoulder and lateral side of chest wall and there was swelling on left shoulder and lateral side of chest wall and injuries were simple, caused by blunt object and he prove the injury report as exbt-5.
35. PW-29 was Sri Sanjit Sen, the then O/C of Sabroom PS deposed that on 02.09.2015 at about 9.30 A.M. some picketers gathered in front of the Court. Police personnel escorted the learned Magistrate and the learned Magistrate entered the court safely. At about 12 O'clock one prisoner from Belonia was produced before the Court and at that time learned Magistrate directed the Court sub- inspector to bring Nazir, who was absent. Then Court sub- inspector brought the keys from Nazir but he did not bring Nazir to the Court. Then learned Magistrate insisted to bring Nazir. Accordingly, the Court sub-inspector brought Nazir and when Nazir entered, picketers broke the barricade and entered the court premises. Thereafter he along with other police officers went in front of the chamber of the Page 23 of 25 Magistrate and there also the picketers went. Dashing and pushing took place, as a result, one TSR, one constable and he himself fell down and sustained injuries. Out of the picketers, he identified Bijoy Dey, Biswajit Ghosh, Abhijit Debnath, and Abhik Basak. When he recovered, he heard that the picketers also pelted stones in the chamber of the Magistrate. Thereafter he lodged one suo motu ejahar. He identified his signature at the bottom of the ejahar. He also identified the accused persons
36. PW-30 is the I/O of Sabroom PS Case No. 058/2015 and his evidence is nothing but a formality.
37. PW-32 Mr. Francis Darlong, SDPO deposed that on 02.09.2015 as SDPO, Sabroom in the capacity of officer- in-charge he received the ejahar of Sanjit Sen and registered Sabroom P.S. Case No. 058/2015 as R/O. He proved his receipt endorsement in the ejahar of Sanjit Sen as exhibit-5. He also proved the FIR form of that case as exhibit-6. He endorsed the case to SI Khokan Saha for investigation, but he claimed that he was present at the place of occurrence in the court of learned SDJM, Sabroom. On that date, at about 12.00 hours some of the picketers broke the barricade and entered the court, and assaulted Page 24 of 25 some staff. They came to their rescue and after sometime, the picketers left. He identified the accused-petitioners Biswajit Ghosh, Abhijit Dey by face as amongst the picketers. He is the R/O of a case which was instituted by PW-29. He is also a witness in respect of the case instituted by the Nazir, PW-19.
38. Heard learned counsel of both the parties and perused the evidence on record. From the depositions of the witnesses so far discussed, I find that a good number of witnesses have identified the convict-petitioners herein amongst the picketers who restrained the Court staff from entering into the Court. It is clear that the picketers gathered in the Court premises in support of the strike and they not only prevented the employees to enter into the Court premises but also pelted stones and violated the police barricade and entered into the Court premises. They also threw stones in the chamber of the Presiding Officer. Further, the evidence of the police personnel present there namely Sanjit Sen, O/C, Sabroom PS, and Mr. Francis Darlong, SDPO also solidifies the participation of the accused petitioners herein, namely, Bijoy Dey, Biswajit Ghosh, Abhijit Dey and Abhik Basak in the said incident. Page 25 of 25
39. In view of the above discussion on the evidence on record, it is crystal clear that the petitioners herein were the members of the unlawful assembly and amongst them, a good number of picketers violated the police barricade and entered the Court premises. They committed criminal intimidation upon the employees present in the Court premises and the judicial officer present there. They also pelted stones in the chamber and bathroom of the presiding officer. Thus in my considered opinion, the judgment and order of conviction and sentence dated 27.05.2020 passed by the learned Sessions Judge, Belonia, South Tripura in Criminal Appeal No.09 of 2018 is just and proper, and the same is not interfered with and thus upheld.
40. With the above observation and direction, this instant revision petition stands dismissed, and as a sequel, miscellaneous applications pending, if any, shall stand closed.
Send down the LCRs.
JUDGE suhanjit