STATE OF TRIPURA Vs. KANULAL DAS

JUDGEMENT

(1.) This appeal under Section 378 of Cr.P.C. has been preferred by the State of Tripura against the judgment of the learned Chief Judicial Magistrate, West Tripura, Agartala dated 18.10.1993 whereby learned Chief Judicial Magistrate acquitted the respondents herein of the charges framed under Section 409 read with Sections 34 and 201 read with Section 34 of IPC.

(2.) I have heard Mr. S. Das, learned Public Prosecutor appearing on behalf of the appellant, Mr. D. Sarkar, the learned counsel appearing on behalf of the respondent No. 2, namely, Nitya Gopal Roy, Mr. S.M. Chakraborty, the learned counsel appearing on behalf of the respondent No. 1, namely, Kanulal Das aad Mr. S. Majumder, the learned counsel appearing on behalf of the respondent No. 3, namely, Satyajit Roy.

(3.) Before entering into the merit of the case it may be mentioned here that the learned counsel for the respondents without any hesitation made the submission that this is a case which should be remanded for fresh trial. Learned Public Prosecutor has also submitted that he has also filed an application under Section 319 of Cr.P.C as according to him, in view of the evidence already recorded by the learned trial Court, charge should, at least, be framed also against Pranab Kanti Roy, the Deputy Manager of United Bank of India, Agartala Branch as then he was, Anil Chandra Sarkar, Head Cashier, United Bank of India, Agartala Branch as then he was and Narayan Chandra Shil, Duftry, United Bank of India, Agartala Branch as then he was. It is submitted by learned Public Prosecutor that a perusal of the evidence recorded by the learned trial Court will show that these 3 (three) persons have also taken part in misappropriating the sum of Rs. 2 lakhs which was alleged to have been withdrawn from the United Bank of India, Agartala Branch by a Cheque issued from the Tripura Gramin Bank, Agartala Branch.