SUSHIL KUMAR GUPTA Vs. JOY SHANKER BHATTACHARYYA

JUDGEMENT

(1.) Pursuant to a complaint by Shri. Joy Shankar Bhattacharyya, the appellant Sushil Kumar Gupta was tried in the Court of Assistant Sessions Judge, Tripura on the following charges:

(2.) As the appellant was tried jointly along with five others who have been acquitted and as it was argued on behalf of the appellant that in view of the acquittal of his co-accused the appellant also should have been acquitted, the charges against them may also be reproduced:

(3.) The convict S. K. Gupta has appealed to this Court on certificate granted under Article 134 (1) (c) of the Constitution, The order granting the certificate does not disclose on its face what exactly the difficulty of the Court of the Judicial Commissioner is and precisely what question of outstanding difficulty this Court is desired to settle. On behalf of the appellant his learned advocate Shri Ramamurthy, however, addressed elaborate arguments questioning the order of the learned Judicial Commissioner allowing the appeal against the appellant S. K. Gupta's acquittal. His Challenge was based on three main contentions. The fourth point that the learned Judicial Commissioner erred in law in considering Ex. P-59 to be admissible in evidence, in disagreement with the trial Court, according to which it was hit by Section 24, Indian Evidence Act, was not allowed to be argued in this Court because this ground was not taken in the grounds of appeal.