SENTU RUDRA PAUL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 30.01.2017 passed by the learned Addl. Sessions Judge, Unakoti Judicial District, Kamalpur in case number Criminal Appeal 14 of 2016 whereby he affirmed the judgment and order dated 28.05.2016 passed by the learned Sub Divisional Judicial Magistrate, Kamalpur in case number PRC 01 of 2015 convicting the petitioner for having committed offence punishable under sections 279 and 304A IPC and sentencing him to undergo RI for 2 (two) years and fine of Rs.2,000/- with default stipulation under section 304A IPC. No separate sentence was awarded for his conviction under section 279 IPC.

(2.) The prosecution story, briefly stated is that on 02.01.2015, the first informant (PW-1) lodged the written FIR with the Officer in Charge of Ambassa police station alleging, inter alia, that at about 1 O'clock in the afternoon when his brother Ranjit Das along with Raju Dhar was on their way home from Ambassa on their three wheeler goods' carrier, the speeding vehicle of the petitioner bearing registration No. TR 04 2146 hit their three wheeler carrier from the opposite direction and as a result, said Ranjit Das and Raju Dhar were seriously injured and when they were taken to Kulai hospital at Kamalpur, brother of the informant was declared dead and injured Raju Dhar was referred to GBP hospital at Agartala.

(3.) Based on his FIR, Kamalpur P.S. case No. 01 of 2015 under sections 279, 338 and 304 Part-II, IPC and sections 184 and 187 MV Act was registered and investigation was taken up.