Chandra Lal Das and Others v. State of Tripura

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2003 Supreme(Online)(Gau) 4

GAUHATI HIGH COURT
, J
Chandra Lal Das and Others v. State of Tripura

Advocates:
For the Appellants/Petitioners: Mr. M. Kar Bhowmik, Mr. A. K. Deb
For the Respondents: Mr. D. Sarkar

Table of Content
1. overview of legal representation. (Para 1)
2. conviction history and background. (Para 2 , 3 , 4)
3. challenges regarding the remand order. (Para 5 , 6)
4. legal powers of the appellate court detailed. (Para 7 , 8 , 10 , 12)
5. summary of provisions on retrials. (Para 9 , 11)
6. final ruling and outcome of the judgment. (Para 13 , 14)

1. Heard Mr. M. Kar Bhowmik, learned senior counsel along with Mr. A. K. Deb, learned counsel for the petitioners and Mr. D. Sarkar, learned Public Prosecutor for the respondent.

2. This criminal revision has been laid against the Judgment and Order dated 5-9-1997 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Criminal Appeal No. 16(2) / 97 setting aside the Judgment and Order of conviction and sentence dated 21-5-1997 passed by the learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura in connection with G. R. 97/1994 and remanding back the matter to the learned Trial court for recording evidences of the 'remaining material witnesses' and for passing Judgment afresh accordingly.

3. The prosecution case, briefly stated, is that, on 13-5-1994 at about 6-30 a.m., the appellants accused persons having fo