KANKAJ DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition, filed under Section 397 read with Section 401 of the Code of Criminal Procedure 1973 (Cr. P.C herein), has been directed against the judgment and order dated 13.12.2016 passed by the learned Sessions Judge of North Tripura judicial district, Dharmanagar in Criminal Appeal No.0000009 of 2016 whereby the learned Sessions Judge affirmed the judgment and order of conviction and sentence dated 02.05.2016 passed by the learned Chief Judicial Magistrate, North Tripura in case No. PRC 266 of 2013 convicting the accused petitioner under Section 279 and 304A IPC and sentencing him to suffer S.I for 6(six) months and fine of Rs.1000/- with default stipulation for offence punishable under Section 279 IPC and SI for 1(one) year and fine of Rs.2000/- with default stipulation for offence punishable under Section 304A IPC directing that the sentences would run concurrently.

(2.) The brief facts which led to the filing of this petition are that Sri Ananta Acharjee, son of Late Amaresh Acharjee of Kadamtala, Dharmanagar lodged a written complaint with the Officer-in-Charge of Kadamtala police station on 20.05.2013 at 3.35 pm alleging, inter alia, that on 17.5.2013 at about 12 noon when his father Amaresh Acharjee was returning home, the speeding vehicle of the accused petitioner bearing registration No. TR-02A-2589 hit him from behind as a result of which his father received serious injuries and collapsed on the road. He was immediately taken to the nearby health centre at Kadamtala wherefrom he was first referred to Dharmanagar hospital and from there, he was taken to Kailashahar district hospital and ultimately to Silchar Medical College and Hospital. After his treatment in Silchar Medical College and Hospital he was brought back home where he succumbed to his injuries on 20.05.2013 at 12 noon.

(3.) Based on this FIR, Kadamtala PS case No. 41 of 2013 under Sections 279 and 304A IPC was registered and the investigation of the case was taken up.