SRI SANJOY SUR Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. G.S. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned P.P. for the State. By this petition filed under Section 397 read with Section 401 of the Cr.P.C., the legality of the judgment and order dated 09.02.2007 delivered in Criminal Appeal No. 43(3)/2006 by the Sessions Judge, South Tripura, Udaipur has been called in question. By the said judgment, the Sessions Judge has affirmed the judgment and order of conviction and sentence dated 22.07.2006 delivered in case No. G.R.67 of 2005 by the Chief Judicial Magistrate, South Tripura, Udaipur.

(2.) IN the complaint filed by the Executive Engineer, Rural Development Division, Udaipur, South Tripura namely Sri Sibapada Chakraborty it had been disclosed that the petitioner and another accused person namely Sanjoy Guha had stolen UPVC & GI pipes from the R.D. stockyard. But when alarm was raised by the night guards, they left the materials namely UPVC & GI pipes and fled away from the place of crime.

(3.) TO substantiate the charge, the prosecution has adduced as many as 10 witnesses including the informant, Sri Shibapada Chakraborty (PW -7), two night guards namely, Sri Mahadeb Roy (PW -6) and Sri Abinash Dutta (PW -9), the two neighbouring witnesses namely, Sri Sridam Debnath(PW -2) and Sri Balaram Debnath (PW -3) and the store keeper namely, Sri Pradip Chakraborty (PW -4).