GOPAL DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY the judgment and order dated 06.01.2012, this revision petition was dismissed. However, by the order dated 01.10.2012 passed in Crl. Petn. No. 68 of 2012, the order dated 06.01.2012 has been recalled and placed for re -hearing. Without making any reference to the jurisprudential limitations as regards the order dated 06.01.2012, this matter has been taken up for hearing.

(2.) BY this petition the legality of judgment and order dated 26.08.2004 delivered in Crl. Appl. No. 16(1) of 2004 by the Additional Sessions Judge, Court No.2, West Tripura, Agartala affirming the judgment and order of conviction and sentence dated 21.02.2004 passed by the Judicial Magistrate, 1st Class, Agartala, West Tripura delivered in CR 2355/2005 has been called in question.

(3.) ON taking cognizance and on following due course of law, the charge was framed against the petitioner under Section 495 of the I.P.C. to which he pleaded total innocence and claimed to face the trial. 4(four) witnesses were examined by the complainant. For rebutting the evidence of the complainant, the petitioner had examined 4(four) witnesses. In the examination carried out under Section 313 of the Cr.P.C., the petitioner had denied the allegations.