SANJIB KUMAR DAS Vs. STATE OF TRIPURA
LAWS(GAU)-1994-1-7
HIGH COURT OF GAUHATI (FROM: AGARTALA)
Decided on January 04,1994

SANJIB KUMAR DAS Appellant
VERSUS
STATE OF TRFPURA Respondents


Referred Judgements :-

BISHNU MURMOO V. RADHANATH PATRA [REFERRED TO]


JUDGEMENT

S.Barman Roy, J. - (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.
Q. Whether there was a baithak in your house relating to torture on Rina Deb? This question is disallowed on the ground that the witness is a seizure list witness and there is no statement recorded u/s 161 Cr. P.C. Q. Do you know anything about the assault on Rina Deb by accused? Disallowed on the same ground. Q. It is a fact that mother of Rina Deb stated about the torture of Rina Deb to you? Disallowed on the same ground. Q. Whether any conversation can be heard from my house to the house situated by the side of my house? Disallowed on the same ground. Q. Whether statement of mother of Rina Deb that she died due to torture of accused? Disallowed on the same ground."



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