Sri Bijoy Dey vs The State Of Tripura
2022 Latest Caselaw 446 Tri

                               Page 1 of 25


                      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.





    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

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,

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

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

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

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

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

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

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),

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.

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.

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

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.

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

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.

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

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

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

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.

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

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

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

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.

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