Mubarak Sarkar vs State Of Tripura

Heard Mr. R. Datta, learned counsel appearing for the applicant as well as Mr. S. Debnath, learned Addl. P.P. appearing for the state.

This is an application for allowing the applicant to adduce any documentary evidence to be brought from Amarpur Municipal Council.

Mr. R. Datta, learned counsel appearing for the applicant has submitted that the accused-applicant had taken a plea in the trial of alibi and in support of his contention, he obtained summons from the trial court for production of the said document. Accordingly, DW-9 appeared with the attendance register [the document] but the said document was not brought on record.

Presently, by means of this application, the applicant has urged for leave of this court for production of the said document through the person in whose custody the said document [the attendance register] lies.

Mr. S. Debnath, learned Addl. P.P. appearing for the state has seriously opposed the said prayer by stating that the applicant had utterly failed to introduce the said documents. As the witness, DW-9 was summoned by the accused-appellant for production of that document, now the petitioner cannot urge before this court for admitting the said attendance register in support of his plea of alibi.

Mr. Debnath, learned Addl. P.P. has also submitted before us that from a bare reading of the testimony of DW-9, it would be apparent that another document which is called master roll register for the category of the employees to which the applicant belongs is maintained by Amarpur Municipal Council. He has submitted that if this court considered to grant leave for adduction of the additional document, in that event, both the registers shall be called for substantive ends of justice. We find sufficient force in the said submission.

Mr. Datta, learned counsel appearing for the applicant, in the rejoinder, has submitted that by not admitting the document [the attendance register] through DW-9 was an act of inadvertence of the counsel who was representing the accused-applicant.

Be that as it may, we are of the considered view that if those documents are considered for admission, no prejudice would be caused to the prosecution and as such, we are granting the leave for adduction of the said additional evidence, in exercise of the power under Section 391 of the Cr.P.C.

We direct the Executive Officer of Amarpur Municipal Council to cause production of those documents by an officer of Amarpur Municipal Council. Any officer who is acquainted with the register shall produce the attendance register of the employees. The attendance register of the employees contained the page of 31.07.2015. That apart, the master-roll register for the DRWs for the said date shall also be produced. It is made absolutely clear that the officer who shall carry the registers, should carry the letter of authorization from the Executive Officer of Amarpur Municipal Council. Apart that, the said person shall also carry one official identity card when he would appear in this court on 13.08.2020 at 10.30 a.m. sharp.

A copy of this order shall be dispatched directly to the Executive Officer, Amarpur Municipal Council. Another copy shall be sent to the Executive Officer, Amarpur Municipal Council through Mr. S. Debnath, learned Addl. P.P.

It is made absolutely clear that this order shall be treated as the summon to witnesses for all purposes.

In terms of the above, this application stands disposed of.