Research › Search › Judgment

Tripura High Court · body

2014 DIGILAW 362 (TRI)

Alek Miah v. State of Tripura

2014-11-10

S.C.DAS

body2014
JUDGMENT S.C. Das, J. 1. Heard learned legal aid counsel, Mr. Samarjit Bhattacharji for the petitioner and learned Addl. G.A., Mr. R.C. Debnath for the State respondent. 2. The revisional Court is to see correctness, legality and propriety of the judgment/order passed by the inferior Court and to see the regularity of the proceedings. The revisional Court is not required to re-examine and re-appreciate the evidence on record unless it is shown that the evidence on record has not been properly appreciated or that there was practically no evidence to arrive at a conclusion as has been done by the Courts below. 3. Prosecution case is that on 15.09.2008 at about 10.00 pm, the informant Goutam Bose(PW1) returned from market riding his Bazaz Platinum motor bike and kept it in the veranda of his house. There was iron grill in the veranda and it was kept under lock and key. At about 5.00 am he found the motor bike was missing and the lock of the iron grill of veranda was broken open. He immediately rushed to the P.S. and lodged FIR. It is the further case of the prosecution that S.I. Jatindra Das of Belonia P.S. found two persons riding a motor bike suspiciously and going towards Barpathari and so on wireless set he informed Sital Majumder(PW3), a head-constable, who along with other staff was on night patrolling duty at Ballamukha and it was about 3.00/3.45 am, the said police party headed by Sital Majumder found two persons proceeding towards Barpathari riding a motor bike and they intercepted the motor bike when the rider of the motor bike fell down and the accused Alek Miah and his companion Jwell Hussain were caught on the spot. Hearing hue and cry many neighbouring people also gathered there and they participated in the detention of the accused Alek Miah and his companion. The motor bike was seized in the presence of local witnesses and on query by the police as well as by the local people accused Alek Miahh and his companion Jwell Hussain confessed that they had stolen the motor bike from Sonaicherra area. Subsequently, the informant Goutam Bose identified the motor bike as his motor bike and all the documents of the motor bike were seized by police in course of investigation. Subsequently, the informant Goutam Bose identified the motor bike as his motor bike and all the documents of the motor bike were seized by police in course of investigation. It is the case of the prosecution that the accused with his companion Jwell Hussain on the night in between 15.09.1998 and 16.09.2008 has broken open the iron grill of veranda of the house of informant Goutam Bose and thereafter had stolen the motor bike and they proceeded towards Barpathari and were caught red-handed. 4. Learned legal aid counsel, Mr. Bhattacharji with all his fairness has submitted that the allegation of theft of motor bike from the house of PW1 Goutam Bose has been proved from his evidence and from the documents of the motor bike which were seized from his custody. The other witnesses also supported him. He has also fairly submitted that the evidence of PWs 2, 3, 8, 9 and 10 has proved the fact of seizure of the motor bike from the possession of the accused. Learned counsel, therefore has submitted that regarding punishment a lenient view may be taken. 5. Learned Addl. P.P. has submitted that the case has been proved with overwhelming evidence and hence the judgment and order of conviction and sentence may be maintained. 6. I have meticulously gone through the judgment passed by the trial Court and affirmed by the appellate Court. The trial Court, as it appears meticulously discussed and appreciated the evidence on record and arrived at a finding of guilt of accused Alek Miah and his companion Jwell Hussain. The appellate Court by impugned judgment appears to have appreciated the evidence and materials on record and has upheld the judgment of the trial Court. I do not find any infirmity in the impugned judgment passed by the trial Court and the appellate Court and therefore there is no reason to interfere in the judgment and order of conviction and sentence. 7. The revisional application, therefore, stands dismissed. The accused Alek Miah shall surrender and serve out the sentence. 8. Send back the L.C. records along with a copy of this judgment.