SANJIB KUMAR DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this revision petition, the petitioner seeks to challenge the order dated 8.12.1993 passed by the learned Sessions Judge, West Tripura Agartala in Sessions Case No. 112 (W.T./A) of 1993 under Sections 490NA/304-B I.P.C.

(2.) The petition is being disposed of at motion stage.

(3.) Case of the petitioner is that the petitioner is an accused in the aforesaid case facing trial before the learned Sessions Judge. P.W 4 Smti Dipali Das is the mother of the petitioner/accused. P.W. 4 Smti Dipali Das is merely a seizure witness. Her statement was not recorded by the Investigating Officer under Section 161 Cr. P.C. She was merely called upon as a prosecution witness to prove the seizure list. In this respect she gave her evidence as P.W. 4 in course of her examination in chief. During cross-examination, the learned Sessions Judge disallowed a number of questions put to her by the Cross-examining counsel of the petitioner on the ground that the P.WA is merely a seizure witness and that she was not examined by the Investigating officer under Section 161 Cr. P.C. It would be convenient to quote the entire cross-examination of P.W. 4. The deceased Rina Deb was living in my house with me, I was in separate mess.