BHUPEN DUTTA BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition has been filed against the order dated 6/8/1991 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. 22 (W.1/A)/1991. The petition has been filed by two accused petitioners in that case. Accused Petitioner no. 1 is the Editor of the daily newspaper in Bengali language Dainik Sambad and accused no. 2 is the publisher.

(2.) Respondent no. 2, namely, Shri Samir Ranjan Barma is the present Chief Minister of the State of Tripura. While he was a Cabinet Minister in-charge of the Departments of law, P.W.D. Public Health Engineering, Transport and statistics filed the present complaint petition under sections 500/501/502/115 read with sections 302, 117 read with section 115, Section 202 read with Sections, 511, 201 read with section 117 against the present accused petitioners and the copy of the complaint petition is available at annexure - A to the present revision petition. The petition was filed before the learned Chief Judicial Magistrate and the initial statement of the complainant was recorded. The case was numbered as Case No. C.R. 26/91. The statement of the complainant is at Annexure - NI. The learned C.J.M. recorded the statements of five witnesses for the complainant and thereafter issued process against the present accused petitioners and they appeared accordingly before the learned Chief Judicial Magistrate. Learned Court was of the opinion on perusal of the complaint petition and the evidence of witnesses produced for the complainant that the case is triable by the court of Sessions and accordingly committed the same. The case was ultimately transferred to the learned Additional Sessions Judge. The statements of other witnesses have been annexed as Annexures - C, and C-i to C-4. The complaint petition has been filed on the basis of three editorials published in the said newspaper on 15th, 16th and 20th December, 1990 and English translation of the said editorials is at Annexure - D, D-1, and D-2. Another news item appeared in the issue dated 16/12/1990 has also been relied upon and is available at Annexure - D-3. It may be mentioned at this stage that Bengali language being a very rich language; it is difficult to make actual English translation and accordingly original copies of the relevant issues of the newspaper have been supplied at the time of hearing.

(3.) The learned Additional Sessions Judge framed charge against the accused Bhupen Dutta Bhowmik under sections 500 IPC, 501 IPC; 502 IPC 115 read with, 117 IPC and separately under Section 117 IPC. The accused petitioner Yalina Das, the publisher, was charged under three heads, namely, under section 500 IPC; Section 115 read with 117 IPC Section 117 IPC. The copies of the charges are annexed as Annexure - B and B-i to the petition. The order framing the charge which has been impugned was passed on 6/8/1991. From the said order, I find that it was a short one and the learned Court only recorded that a prima facie case was made out from evidence for proceeding with the case and accordingly charges were framed. Accused persons pleaded not guilty. It was also recorded that offences under Section 115 IPC is exclusively triable, by the court of Sessions.