BIDHAN SABDAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Criminal Revision Petition is preferred challenging the judgment dtd. 27/4/2023 passed by Learned Sessions Judge, North Tripura, Dharmanagar in connection with Case No. Criminal Appeal 14 of 2022. By the said judgment, Learned Sessions Judge, North Tripura, Dharmanagar has uphold the judgment and sentence dtd. 31/10/2022 passed by Learned Chief Judicial Magistrate, North Tripura, Dharmanagar in connection with Case No.PRC(WP)56 of 2016 under Sec. 326 of IPC.

(2.) Heard Mr. Sankar Bhattacharjee, Learned counsel assisted by Ms. J. Jamatia, Learned counsel appearing for the petitioner as well as Mr. Raju Datta, Learned P.P. appearing for the State-respondent.

(3.) At the time of hearing, Mr. Sankar Bhattacharjee, Learned counsel appearing for the petitioner submitted that though there is a concurrent finding in the judgment and sentence passed by both the Courts below but the prosecution before the Learned Court below has failed to prove the charge beyond reasonable doubt against the petitioner and furthermore, the evidence of Medical Officers suffers from infirmities. More so, Sec. 27 of the Evidence Act was not complied with by the prosecution in respect of recovery of the alleged weapon of offence i.e. Dao. Lastly, Learned counsel for the petitioner submitted that one material witness i.e. the wife of the complainant was not cited as witness by the prosecution in this case to prove the charge against the petitioner. So, according to Learned counsel for the petitioner, the judgment passed by the Learned Court below suffers from infirmities and prayed for allowing this petition by setting aside the judgment and order of sentence of the Learned Court below.