TUTAN DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as well as Mr. R.C. Debnath, learned Addl. P.P. appearing for the state.

(2.) By means of this petition, under Section 397 read with Section 411 of the Cr.P.C., the judgment and order dated 02.01.2013 delivered in Criminal Appeal No. 15(1) of 2012 has been called in question. On the basis of a written ejahar filed by one Mriganka Deb (PW-7) as to the theft of his motor-bike bearing No. TR-01-F-7196 (Bajaj Discover DTSI), East Agartala P.S. Case No. 161 of 2007 under Section 379 of the IPC. The investigation was carried out by one Benulal Kar (PW-8). On 29.10.2007, the stolen motor bike was seized at Kalamchoura Police Station in presence of two witnesses namely Surajit Pal (PW-5) and Madhav Nama (PW-6) by one Sub Inspector of Police namely Nripati Baran Das of Kalamcheoura Police Station.

(3.) On completing the investigation of East Agartala P.S. Case No. 161 of 2007 under Section 379, the police filed the charge sheet under Section 379/411 of the I.P.C. against the petitioner .On taking cognizance, the charge was framed under Section 379 and Section 411 of the I.P.C. to which the petitioner pleaded innocence and claimed to face the trial.