MAINUL HAQUE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. A. K. Bhowmik, learned Senior counsel assisted by Mr. S. Ghosh learned counsel for the Petitioners/accused. Also heard Mr. A. Ghosh, learned Additional Public prosecutor for and on behalf of the State Respondent.

(2.) PRESENT Criminal Revision Petition has been preferred under Section 397 of Cr. P. C. against the order dated 28. 05. 2007 passed by learned Additional Sessions Judge, North Tripura, Dharmanagar in ST 68 (NT/d)/05, whereby, for the alleged involvement of the petitioners under Section 323/326/302/34 of IPC, bail granted earlier in favour of petitioners by learned Additional Sessions Judge, North Tripura, Dharmanagar was cancelled at the complaint of the complainants. According to the petitioners, one Smt. Shelli Begum, wife of the elder brother of the accused/petitioners, namely, Md. Nurul Haque had lodged an FIR on 26. 02. 2005 alleging, inter-alia, that Md. Abdul Rakib, father of the accused petitioners as well as father of Md. Nurul Haque died on 26. 02. 2005 at night, consequent upon the assault made by the accused petitioners, their mother Anwara Begum and sister Rahela Khanam and in reference thereto an FIR Chauraibari P. S. Case No. 13/2005 was registered. After investigation charge sheet was submitted against the petitioner/accused persons, their mother and sister and the case was committed to the Sessions Court. The petitioners/accused persons and two other accused were charge sheeted for the offence under Section 302/34 IPC and the case, namely, ST 68/2005 was proceeded with before learned Additional Sessions Judge, North Tripura, Dharmanagar. Smt. Shelli Begum and Md. Nurul Haque were examined and cross-examined as P. W. 1 and 2 respectively on 06. 08. 2007. Thereafter, PW-3 was examined and cross-examined on 07. 08. 07 and three more witnesses, namely, PW-4, 5 and 6 were examined and cross-examined on 24. 08. 2007.

(3.) IT appears that on 08. 03. 05 Smt. Anwara Begum, w/o. Late Abdul Rakib had also lodged an FIR against the aforesaid Smt. Shelli Begum and Md. Nurul Haque and in that reference Criminal case was registered as Churaibari P. S. Case No. 14/05 under Section 323/324/34 of IPC. After investigation, police submitted final report twice but due to objection of the present petitioners, the final reports could not be accepted by the concerned Court and after re-investigation chargesheet was filed against Smt. Shelli Begum and Md. Nurul Haque and in context ST 39/07 is pending for adjudication before learned Additional Sessions Judge along with ST 68/2005. Both the above cases are being adjudicated simultaneously by the same Court. It appears that on 03. 08. 2007, Smt. Shelli Begum and her husband Nurul Haque submitted a petition through their learned counsel before learned Additional Sessions Judge, North Tripura, Dharmanagar in the connected case No. ST 68/2005 alleging, Inter alia, that they were threatened on 31. 07. 2007 at 11. 00 P. M. by Md. Mainul Haque and Md. Faijul Haque, when the petitioners accused entered into their house and threatened to assault and kill them and started calling them and also tried to enter into their house by breaking door but due to hue and cry raised by them, the neighbouring people rushed to the house and then the accused persons filed away. Due to fear of the petitioners/accused persons Smt. Shelli Begum and her husband have become confined in their house as the accused persons are making movement on the road with Dao, Kirich and sharp cutting weapons.