BISWAJIT GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has filed this criminal revision petition challenging the judgment dated 20.12.2018 delivered in Criminal Appeal No.3 of 2018 by the Additional Sessions Judge, Dhalai Judicial District, Kamalpur affirming the conviction and sentence of the petitioner awarded by the Judicial Magistrate, First Class, Kamalpur by judgment and order dated 09.01.2018 in PRC (WP) 30/2016 whereby the trial Court imposed sentence on the petitioner as under:

(2.) Genesis of the prosecution case is rooted in the FIR which was lodged by Sri Rakhal Ch. Das (PW-1) at around 6.55 pm on 04.01.2016 at Kamalpur police station alleging, inter alia, that at about 3.25 pm on the day a face to face collision took place between two motor bikes on Kamalpur - Ambasa road near the office of Kalachari Gram Panchayat. According to the informant, the motor bike carrying registration No.TR-04-7499 driven by Amar Deb on its way from Manik Bhander to Kamalpur collided with the motor bike carrying registration No.TR-04A-6726 driven by Biswanit Ghosh which was coming from the opposite direction. As a result of such collision between the motor bikes, drivers of both the motor bikes got seriously injured. They were immediately taken to Kamalpur district hospital by the local people. It was alleged by the informant that the accident occurred as a result of careless driving of the said motor bikes.

(3.) Based on his FIR, Kamalpur PS Case No.2015 KMP001 dated 04.01.2016 under Sections 279 and 338 IPC and Section 184 Motor Vehicles Act, 1988 was registered against the drivers of the said motor bikes and the investigation of the case was taken up by police.