NEPAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Talapatra, learned Senior counsel assisted by Mr. S. Pal and Mr. B. Benerjee, learned Counsel for the petitioners and Mr. D. Sarkar, learned Public Prosecutor for the respondent.

(2.) The present revision petition has been preferred against the order dated 08.08.2006 passed by the learned Additional Sessions Judge, Khowai, West Tripura in S.T. (WT/K) 98 of 2003, to quash and set aside the same and for further direction to the Trial Court to recall all the witnesses for examination and for affording the opportunity of the cross- examination in the interest of justice.

(3.) It appears that a complaint was filed by one Maniklal Das alleging that some of the applicants/revisionists attacked one Brajendra Kurnar Das and caused grievous injuries, consequently, the said Brajendra Kumar Das died. In reference to such incident, criminal case No. 45 of 2003 under Section 148/149/326/427/302/109 IPC was registered, which after renumbering was registered as G.R. 106 of 2003, Charge sheet against the applicants/revisionists was submitted on 31.05.2003. The case was committed to the session Court (of learned Additional Sessions Judge, West Tripura, Khowai). After framing of the charge, the case was posted for recording deposition of the witnesses as cited by the prosecution and for cross- examination.