TARA DUTTA Vs. STATE

JUDGEMENT

(1.) THE above case has come up before us in the following circumstances:

(2.) THE matter was heard by R. Bhattacharya, J. and when it was taken up for delivery of judgment, Mr. Dinesh Chandra Roy. learned Advocate appearing for the petitioner, brought to his Lordship's notice that there is a decision of the Division Bench of this Court on the issues involved in the revisional application. That case is Criminal Revision Case No. 237 of 1971, filed by Brahmanand Dayal and another and disposed of on 20th February, 1974, (reported in 1974 Cri LJ 1079 (Cal), by the Division Bench constituted by N.C. Talukdar and A. N. Banerjee, JJ.

(3.) THEREAFTER R. Bhattacharya, J., delivered his judgment on September 10, 1974. It appears from the said judgment that two points were urged before his Lordship. Mr. Roy referred before R. Bhattacharya, J. the decision in the case of Mac. Culloch v. The State decided by Talukdar, J., in Criminal Revision Case No. 141 of 1973, disposed of on 19th March, 1973 (reported in 1974 Cri LJ 182). R. Bhattacharya, J. was of the opinion that the decision of Talukdar, J., was not applicable in the case before him. Considering other points covering about 11 pages, Bhattacharya, J., concluded that the said point urged on behalf of the petitioner was not acceptable to him.