ALEK MIAH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD learned legal aid counsel, Mr. Samarjit Bhattacharji for the petitioner and learned Addl. G.A., Mr. R.C. Debnath for the State respondent.

(2.) THE revisional Court is to see correctness, legality and propriety of the judgment/order passed by the inferior Court and to see the regularity of the proceedings. The revisional Court is not required to re -examine and re -appreciate the evidence on record unless it is shown that the evidence on record has not been properly appreciated or that there was practically no evidence to arrive at a conclusion as has been done by the Courts below.

(3.) LEARNED legal aid counsel, Mr. Bhattacharji with all his fairness has submitted that the allegation of theft of motor bike from the house of PW1 Goutam Bose has been proved from his evidence and from the documents of the motor bike which were seized from his custody. The other witnesses also supported him. He has also fairly submitted that the evidence of PWs 2, 3, 8, 9 and 10 has proved the fact of seizure of the motor bike from the possession of the accused. Learned counsel, therefore has submitted that regarding punishment a lenient view may be taken.