MAINUL HAQUE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) IN this revision petition, the accused petitioner impugned the order dated 1. 7. 2008 whereby and whereunder the learned Additional Sessions Judge, North Tripura, Dharmanagar in case No. S. T. 68 (NT/d)/05 directed the petitioner to deposit the expenses for summoning the defence witnesses within seven days from the date of the order.

(2.) HEARD Mr. A. K. Bhowmik, learned senior Counsel assisted by Mr. S. Ghosh, learned Counsel for the petitioner and Mr. D. Sarkar, learned P. P. appearing for the State respondent.

(3.) THE background facts of the case in nutshell are as follows: The petitioner is one of the accused in Sessions Trial case No. 68/05 under Section 323/326/302/34 IPC which is pending before the learned Additional Sessions Judge, North Tripura, Dharmanagar. Another sessions trial case No. 39 (NT/d) of 2007 under Section 323/324/34 IPC is also tried relates to the same incident, rather to say a case and a counter-case. On completion of the examination of the prosecution witnesses, the accused person has been examined under Section 313 Cr. P. C. Thereafter, in the Sessions Trial No. 68 of 2007, the present petitioner being an accused prayed for examination of the defence witnesses whereas no such prayer was made from the side of the accused in Sessions Trial No. 39 of 2007. On 21. 6. 2007, the petitioner filed an application under Section 233 (3) of the Cr. P. C. before the learned Additional Sessions Judge, Dharmanagar praying for summoning six witnesses named therein at State expenses stating, inter alia, that those witnesses were relevant and material, and examination of those witnesses were essential, more particularly, to prove the alibi of the accused petitioner to the effect that he was hospitalized in Civil Hospital, Aizwal, Mizoram, from the period from 22. 02. 2005 to 28. 02. 2005 and the date of occurrence took place within the aforesaid period. The present petitioner also in support of his aforesaid submission submitted the original discharge certificate issued by the Civil Hospital, Aizwal, Mizoram along with inner-line pass issued in his favour on the basis of which, he travelled Aizwal, Mizoram.